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THE    MISSISSIPPI 


JUSTICE  OF  THE  PEACE. 


A     MANUAL 

OP  THE   LAAVS   RELATING   TO   THE  COURTS  OF  JUSTICES  OF  THE  PEACE,  AXD 

THE    PRACTICE    THEREIN,    IN    THE    STATE    OF    MISSISSIPPI,    WITH 

FORMS    AND  PRECEDENTS,    APPLICABLE  TO    EVERY    CASE, 

INTERSPERSED   WITH   EXPLANATORY   NOTES. 


TO    AVHICH    IS   ADDED    CERTAIN 

FORMS    OP    GENERAL    USE    AMONG  BUSINESS  MEN, 

A  DIRECTORY   OF  THE  COURTS,   ETC.,   ETC. 


BY 

L.     O.    BRIDEAA^ELL, 

A  TTOR  N  E  Y  A  T  L  A  W . 


JACKSON,  MISS: 

Plarion  ^team  Printing  Pstabltshment. 

1877. 


Entered  according  to  Aet  of  Congress,  in  the  year  1877,  by  Power  &  Barks- 
dale,  Jackson,  Mississippi,  in  the  office  of  Librarian  of  Congress,  Washington. 


v> 


PREFACE. 


The  design  of  the  following  Avork  is  to  impart  to  novices, 
gentlemen  not  "learned  in  tlie  law  above  their  fellows,"  the 
routine  of  business  required  of  them,  Avhen  they  assume  ttie 
responsible  and  now  important  office  qf  Justice  of  the  Peace. 

Under  the  present  Constitution  of  the  State  of  Mississippi, 
the  jurisdiction   of  the  Justices  of  the  Peace  in  civil  suits  is 
raised  to  one   hundred  and  fifty  dollars,  and  in  all  criminal 
matters,  their  jurisdiction  is  concurrent  with  that  of  the  Cir- 
cuit Courts  in  all  cases  where  the  punishment  prescribed  liy 
the  laws  does  not  extend  beyond  a  fine  and  imprisonment  in 
t     the  county  jail.     The  office  is  certainly  one  of  great  dignity 
^     and  responsibility,   but  the  persons  who  frequently  rush  in 
^     glibly  to  assume  and  execute  these  important   duties,  have 
^     little  idea  of  the  responsibility  and  loose  sight  entirely  ot  the 
~     dignity.     The  main  design  of  the  author  and  compiler  of  these 
pages  is,  to  be  of  some  assistance  to  the  unlearned  Justice  of 
the  Peace  by  placing  the  law  relating  to  his  jurisdiction  before 
§?     him  in  compact  form,  with  forms  and    precedents,    covering 
JT)     almost,  if  not  every  case,  which  can  come  before  him. 
>         The  extended  jurisdiction   of  the    Justice   and  the    pov/er 
*    granted   by  the   laws,  has  made  the  practice  in  this  Court  of 
importance  to  attorneys  ;  and  the  want  of  an  uniform  and  su^- 
.     ficiently  reliable  set  of  forms   and  precedents,  caused  in  the 
J     first  instance  the  preparing  of  many  of  those  found  in  this 
^d     book.     The}^  have  been  used    for  some  years   and   are    now 
3     offered  in  a  permanent  form,  in  the  hope  that,  although  the 
^     profession  may  not  need  them,  the  many  Justices  of  the  Peace 
^     in  this  State,  unused  as  they  generally  are  to  the  forms  of  law, 
5     will  find  ready  at  hand  everything  required  of  them  in  properly 
<     fulfilling  the  important  duties  of  their  offices. 

The  law,  as  found  in  the  Code  of  1871  and  in  the  Pamphlet 
Acts  since,  so  far  as  it  concerns  this  jurisdiction,  and  is  dis- 
tinctly applicable  to  the  Justice  of  the  Peace  or  the  practice 
in  his  court,  is  first  given  in  full,  arranged  under  appropriate 
heads.  That  from  the  Code  paragraphed  and  indicated  by 
sections  as  therein,  and  that  from  the  later  Acts,  digested  with 
reference  to  the   page  of  the  pamphlet.     The  index  gives  the 


446339 


IV.  Preface. 

section  of  the  Code,  or  the  page  of  the  Acts,  and  the  page  on 
which  found  in  this  book.  The  forms  are  numbered,  with  the 
section  of  the  Code  applicable  indicated,  while  the  index  gives 
both  the  number  and  the  page.  Notes  are  added  to  many 
forms  for  the  guidance  and  information  of  the  Justice,  en- 
deavoring thereby  to  explain  the  law  and  use  of  the  form,  so 
that  none,  however  ignorant  of  the  law  generally,  can  go  far 
wrong.  Many  sections  of  the  Code  are  carefully  indexed 
which  are  not  printed  in  the  book  ;  especially  is  this  the  case 
in  felonies,  wherein  the  Justice  can  only  sit  as  a  court  of  in- 
quiry, and  in  some  iew  other  instances,  where  the  matter  is 
not  general  in  this  court. 

The  author  assumes  nothing  to  himself  for  the  liquid  legality 
or  the  trenchant  technicality  of  his  forms,  always  being  more 
anxious  to  convey  the  meaning  in  such  terms  as  could  not  be 
mistaken  (especially  by  the  Constable),  than  to  risk  loss  by 
fancy  attempts  at  Chittyology  or  finely  rounded  periods.  The 
very  words  of  the  statute,  however,  will  be  found  to  have  been 
faithfully  iollowed  in  every  instance. 

The  book  is,  therefore,  presented  to  the  Justice  of  the 
Peace,  with  some  confidence,  as  one  which  will  most  materialy 
lighten  his  labor,  facilitate  his  business,  and  probably  be  the 
means  of  his  avoiding  many  mistakes — in  fact,  herein  he  will 
find,  set  out  full}',  explicitly  and  in  order  his  whole  official 
duty. 

It  is  presented  to  the  profession  as  a  convenient  com- 
pendium or  compilation  of  all  the  law  of  our  State  governing 
in  this  jurisdiction,  with  all  necessary  forms  forms  ready  pre- 
pared to  suit  any  case. 

It  is  especially  presented  to  the  citizen  and  to  my  friends  of 
the  Grange,  as  a  book  which  points  out  in  small  compass  and 
at  trifling  expense  about  all  the  law  (and  the  form  of  its  appli- 
cation) they  need  to  meet  the  largest  amount  of  litigation  of 
the  present  day  in  Mississippi ;  and  one  that  has  been  so  pre- 
pared that  the  law  being  plainly  seen  and  its  ap])lication  made 
easier,  litigation  may  be  avoided.  The  object  of  good  laws,  is 
that  litigation  may  be  lessened,  therefore  they  should  be  in 
ever}'-  household  and  read  of  all. 

Trusting  that  the  book  may  prove  useful  not  only  to  him 
wiio  litigates,  but  to  him  who  strives  to  avoid  litigation,  it 
goes  out  on  its  errand. 

L.  O.  BRIDEWELL. 

Beauregard.  Miss.,  January  1st,  1877. 


TABLE  OF  CONTENTS. 


PAGE. 

General  Ixdkx : 385  to  422 

Justice  Fokms,  in  Civil  Cases ^J-^^J^ 

as  a  Criminal  Court '^7  to  105 

Deeds  of  Teitst,  Leases,  Partnerships,  Contracts 106  to  135 

Bonds,  of  Public  Officers 127  to  130,  318 

Marriage  Ceremony,  hy  Justice 1^*^ 


JtfSTlCE  OF  THE  Peace — Laws  applicahle  (IS  a  Civil  Court 136  to  25G 

Election  and  qualification , 13" 

Jurisdiction  conferred  on  Mayors 13i> 

Practice  in  Civil  Cases 1-10  to  150 

Suits  against  Estates  of  Decedents 150 

Eights  of  Married  Women 150 

Legal  Holidays 151 

Jurisdiction  of  Minors ^         151 

Process  and  Mode  of  Service 151  to  154 

Trial  by  Jury,. ^^       155 

Witnesses  and  Depositions 155  to  159 

Judgments  and  Enrolling 160 

Appeals  and  Certiorari 161 

Garnishment 162 

Execution  and  stay  of 163 

Levy  on  and  sale  of  Lauds  on  execution 165 

Claimant's  issue 166 

Sales,  by  Constables 170 

Attachments,  affidavit,  bond  and  writ 171  to  175 

how  property  may  be  replevied 175 

Procecdingsby  and  against  garnishees 176 

Attachments  for  debts  not  due 178 

Claim  by  third  party 179 

Alleged  ground  for  attachment  contested 180 

Sales  of  perishable  property 180 

Attachments  by  and  against  non-residents 181 

Publication  and  Notice 181 

Final  Judgment  and  sales 182 

Jurisdiction  as  lo  attachments 183 

Attachment  against  ships,  etc 184 

How  replevin  obtained 186 

Agricultural  Lien  Laws 251 

Arbitration  and  Aavard 21" > 


VI.  ITahle  of  Contents. 

PAGE. 

Auctioneers,  shall  report  sales 322 

Banks,  lotteries,  gaming 304-305 

Bastardy 206 

Brokers,  acting  without  license 316 

Candies,  sale  of  imiuire 319 

Chueches  or  School  Buildings,  penalty  for  defacing 321 

Civil  Eights  Bill 292 

Constables,  their  duties 225 

Costs,  security  for 323 

Cotton  and  Corn,  fraudulent  packing  or  weighing 316 

County  Treasurer,  shall  report  to  supervisors 321 

Counterfeiting  Mercantile  Labels 311 

Cutting  Timber,  and  other  trespasses 244 

Dangerous  Weapons,  their  improper  use 314 

Diseases,  importing  contagious 316 

Dog  Stealing 321 

Duties  of  Millers  and  Owners  of  Cotton  Gins 218 

Elections,  bribery,  threats 308 

Exempt  Property,  from  taxation 221  to  226 

FeeS)  collection  of  unauthorized 322 

Fences,  Partition  Walls  and  Trespass  by  Stock 209  to  214,-325 

Fences,  when  lawful 325 

Fighting,  on  account  of  betting,  gaming,  etc 307 

Fish,  penalty  for  poisoning 321 

in  Pearl  river  to  be  preserved 321 

Forcible  Entry  and  Detainer 189  to  193 

Game  Laws,  preservation  of  Oysters,  etc 206  to  209 

Insurance,  without  license 323 

Interest,  rate  of. 234 

Justice,  as  Coroner 246 

as  Notary  Public 248 

Justice  of  the  Peace — Laws  applicable  as  a  Criminal  Court....  256  to  325 

Jurisdiction  and  practice 256,  257 

Conservators  of  the  peace 258 

Vagrancy  and  other  oifences..  259 

Fines,  Bonds  and  Counterfeiting 260,-612 

Duels,  escapes  from  prisons,  forgery 262,  263,  310 

Betting,  gaming,  perjury,  robbery,  killing 267-269,  312 

Timber  cutting,  escapes,  arrests 271,-273,  319 

AVitnesses,  appeal,  bail 273-275 

Process  against  corporations 277 

Actions  against  Justices,  Constables,  ecc 278 

Remedies  for  money  collected 279 

Payment  of  fines  collected 281 


Table  of  Contents.  vn 


PACK. 

Landlord  and  Tenant 19G  to  20(1 

Limitations  of  Prosecutions 294 

Liquors,  licenses,  penalties,  etc.. i... <!...* 282  to  292 

Lotteries,  prohibited 31<j 

Masters  of  Vessels,  as  to  certain  poor ..^...  302 

Masks  and  Disguises 317 

Mechanic's  Lien 193  to  19(i 

Minors,  penalty  for  decoying 318 

Neglect  of  Duty,  when  willful 393 

Oath  of  Collectors,  as  to  taxes 307 

Obstructions,  to  Water  Courses,  Mill  Dams,  etc 214 

Obstructing,  roads  or  navigable  streams 305-313 

Penal  Suits — Triable  before  Justice 294 

Failure  of  sheriff  to  return  execution 294 

Duty  as  to  estrays 29G 

Suits  by  and  against  Supervisors 297 

Peddlers,  Auctioneers,  Well  and  Gin  owners 298 

Attorney  failing  to  pay  client  his  money 299 

Sale  of  tainted  or  unsound  flour 299-31.5 

Overseers  of  roads,  ferrymen 300 

Promissory  Notes,  Endorsees  and  Protests 229  to  232 

Property,  malicious  injury  to 315 

Public  Eoads,  Bridges  and  Fences 234  to  239 

Racing  or  Shooting,  in  public  highway 321 

Eailroads,  Express  and  Telegraph  Compariies,  how  operated  and 

liability 240  to  244 

EoAD  Overseers,  duties  of. 323 

Sabbath,  its  violation 306 

Statute  of  Limitations 226 

Stealing  or  Removing  Personal  Property 313 

Stock  Raisers,  protection  of. 318 

Stock,  to  encourage  breeding  of. 324 

Stolen  Property,  penalty  for  holding 319 

Sureties  and  Joint  Debtors 232 

Supervisors,  not  to  be  interested  in  contracts 322 

Swearing,  in  any  public  place 307 

Telegraph  Companies,  duties  of. 323 

Telegraph  Lines,  damage  to 314 

Wills,  concealing  or  destroying 314 

Woods,  penalty  for  setting  on  fire 320 

Writs,  bow  served  by  Sheriff. 301 

Appendix 326  to  384 

Taxation,  including  privilege  tax 326 

Salaries  and  fees  of  public  officers 331  to  334 

Courts,  when  and  where  held 345  to  350 


VIII.  Table  of  Contents 

I'AGE. 

Appendix— Boncls.  of  public  officers 350 

Congressional  Districts,  how  organized ^  351 

Legislature,  number  of  Sei^tJ^s^nd  Eei^resentatives....  '  352,353 

Vote  of  the  State,"  1873,  1875,  1876 354-35? 

^  Postoffi(^es,  alphabetical  list  of. 360-364 

*  '  Counttes  aiid  county  sites 365 

llailroads,  distances 366-370 

Mississippi  river,  distances 370' 

Interest,  how  to  calculate 371 

Weights,  Measures,  Distances 372-374 

Postage,  rates  of 374 

Legal  Terms 376-383 


y^ri  tA^A^i 


FORMS. 


AS    A    CIVIL    COURT. 


§1298.]  No.  1.— OATH  OF  OFFICE. 

I,  A.  B.,  do  solemnly'  swear  (or  alUrm)  that  I  will  faithfully  sup- 
port and  true  allegiance  bear  the  Constitution  of  the  United  States, 
and  the  State  of  Mississip[)i,  and  obe_y  the  laws  thereof  ;  that  I  will 
well  and  truly  perform  and  faithfully  discharge  the  duties  of  the 
office  upon  which  I  am  about  to  enter,  and  pay  over  all  moneys 
collected  by  me,  or  which  may  come  into  i^y  hands  by  virtue  of  my 
office,  to  tlie  party  or  parties  entitled  to  receive  the  same.  So  help 
me  God  ! 


§1298.]  No.  2.— OFFICIAL  BOND. 

State  of  Mississirpi,  |    , 
Copiah  County.  j    "  * 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.  and  E.  F., 
are  held  and  firmly  bound  unto  the  State  of  Mississippi,  in  the  penal 
sum  of  two  thousand  dollars,  for  which  payment  well  iind  trul}'  to 
be  made,  we  bind  ourselves,  our  heirs  and  legal  representatives, 
jointly  and.  severally-,  firmly  by  these  presents;  signed  with  our 
names  and  sealed  with  our  seals,  this  day  of  ,  A.  D.  18.... 

Whereas,  the  above  bound  A.  B.  was  dul}^  elected  to  the  office  of 

Justice  of  the  Peace,  in   said  county,  on  the   day  of 

A.  D.  IS ,  for  the  term  of  years  from  the  day  of , 

A.  D.  18 :  Now,  therefore  the  condition  of  this  obligation  is 

such  that  if  the  said  A.  B.  shall  well  and  truly  perform  the  duties 
of  his  office,  and  paj'  over  all  moneys  collected  by  him,  or  which 
may  come  into  his  hands  by  virtue  of  his  said  oflice,  to  the  party 
or  parties  entitled  to  receive  the  same,  then  the  above  obligation  to 
be  void,  otherwise  to  remain  in  full  force  and  virtue. 

[seal.] 

.    [seal.] 

[seal.  J 


2  Justice  Forvzs 

Xo.  3.— OPEN  ACCOUNT  AND  NOTE. 

]\,'oTE. — All  opeu  accounts,  Avhen  filed  for  suit,  under  our^  law  must  be 
sworn  to.  See  No.  5.  If  account  is  cQntested,  defendant  must  file,  before 
suit,  counter  affidavit.     Bee  No.  6. 

Copiah  County,  Miss..  Jan.  1,  1876. 
John  Smith,  To  Wm.  Jones,  Dr. 

1873. 

June  6. — To  scraping  cotton  fifteen  da3\s,  at  75c.  per  day §11  25 

"    1  day's  plowing '■ 1  00 

$12  25 
§50.  Copiah  County,  Miss.,  Jan.  1,  1S75. 

On  or  before  the  first  day  of  June  next,  1875,  I  promise  to  pay  to 
C.  D.,  or  bearer,  the  sum  of  fifty  dollars,  value  received,  with  inter- 
est at  ten  per  cent,  from  date  until  paid.  A.  B. 


§1305.]  No.    4.— SUMMONS. 

The  State  of  Mississippi, 

To  the  Sheritf  or  any  Constable  of  Copiah  count}',  Greeting: 

We  command  you  that  you  summon  John  Smith  to  be  and  appear 
before  the  undersigned,  Justice  of  the  Peace  for  said  county,  at  ray 
office  therein,  on  Saturda}',  the  10th  day  of  January,  1876,  then  and 
there  to  answer  the  complaint  of  Wm.  Jones,  on  open  account,  for 
twelve  dollars  and  twenty-five  cents  (or  on  promissory  note  for  $50) 
and  have  you  then  there  this  writ. 

Witness  my  hand  and  seal  this  3d  day  of  January,  1876. 

John  Doe,  J.  P.  [seal.] 


§  782.]         No.  5.— AFFIDAVIT  TO  OPEN  ACCOUNT. 

State  of  Mississippi,) 
Copiah  County.  \ 

This  day  personally  appeared  before  the  undersigned,  an  acting 
Justice  of  the  Peace  "for  said  county,  William  Jones,  who  being  by 
me  duly  sworn,  says  the  account  liereto  attached  for  twelve  dollars 
and  twenty -five  cents  is  correct  as  stated,  and  that  the  same  is  due 
from  the  party  against  whom  it  is  charged,  and  no  part  of  it  has 
been  paid  (except  what  is  credited,  if  any). 

William  Jones. 
Sworn  to  and  subscribed  this  1st  day  of  January,  1876. 

John  Doe,  J.  P.  j^seal.J 


8782. 1 

No.  0.— COUNTER  AFFIDAVIT  OF  DEFENDANT. 

vState  of  Mississippi,  ) 
Copiah  Count}'.  ) 

This  dav  personally  appeared  before  the  undersigned,  an  acting 
Justice  of" the  Peace  for  said  county,  John  Smith,  who,  being  by  me 


In  Civil  Cases.  3 

duly  -sworn,  jsays  that  tlieuceoiint  of  AVilliam  Jones,  for  twelve  dollars 
and  twcMJty-livo  cents,  charged  a^'ainst  this  adlant,  and  filed  with 
John  Doe,  Justice  of  the  Peace  for  said  county,  is  not  correct  as 
stated;  in  this,  that  the  item  lor  scraping  cotton  should  be  charged 
at  GOc.  per  day,  and  for  only  twelve  days,  and  that  the  item  for 
[dougliing  should  l)e  cliarii'ed  at  75c.  i)er  day. 

John  Smith. 
Sworn  to  antl  subscri])ed  this  Stli  day  of  January,  1876. 

John  Doe,  J.  V.  [seal.] 

Note. — In  case  the  defendant  has  a  legal  set-ofF  to  phuntiflfs  account,  or 
note,  lie  must  iile  it  with  the  Justice  on  or  before  the  day  of  trial,  and  make 
affidavit  of  its  correctness.     See  Sees,  GOl  to  005,  and  loOG. 


^;<  701,  2,  l;  and  4.j 

No.  7.— RETURN  OF  OFFICER  ON  SUMMONS. 

"I-Cxecuted  the  within  process  this  day  upon  the  de(en(bT.nt  in 
person,  by  handing  to  him  a  true  copy  thereof. 

"  Thomas  Catch,  Constable. 

'•  Jan.  4th,  1876." 

"Executed  this  process  this  day,  by  handing  to  the  wife  of  the 
defendant  [or,  to  A.  B.,  of  the  age  of  sixteen  j/ears,  being  one  of 
<lefend:infsfamilij),  at  his  usual  place  of  abode  in  said  county,  such 
person  being  then  and  there  willing  to  receive  the  same,  a  true  copy 
of  this  process,  said  defendant  not  being  found  in  mN-  county,  after 
diligent  search.  Thomas  Catch,  Constable. 

""Jan.  4th,  1876." 

"The  within  named  defendant,  John  Smith,  after  diligent  search, 
cannot  be  found  in  my  county,  nor  could  I  find,  after  diligent  search, 
iiny  person  of  his  family,  of  the  age  of  sixteen  j^ears,  at  his  nsual 
place  of  abode,  who  was  willing  to  receive  a  copy  of  this  process. 
I  therefore  executed  the  same  this  dav,  by  posting  a  true  copy 
thereof  on  the  door  of  the  defendant's  usual  place  of  al^ode,  in  my 
county.  Thomas  Catch,  Constable. 

"Jan.  4th,  1876."' 


.^jv  1313,  761.  No.   S.— SUBPOENA. 

The  State  of  Mississuti, 

To  the  Slieritf  or  any  Constable  of  Copiah  county.  Greeting: 
Wc  command  you  to  summt)n  A.  B.,  C.  D.,  E.  F.,  G.  II.,  I.  K.  and 
L.  ]M.,  if  to  be  found  in  your  county,  to  be  and  personally'  appear 
before  the  undersigned  Justice  of  the  Peace  for  said  comity,  at  his 
otlice  therein,  on  the  lOtli  day  of  January,  1876,  to  testify  on  the 
part  of  the  i)laintitf  in  a  certain  cause  pending  before  said  Justice, 
wherein  William  Jones  is  plaintiff  and  John  Smith  is  defendant,  and 


4  Justice  Forms 

this  they  shall   not  omit,  under  penalty  of  ten  dollars.     Herein  fail 
not,  and  have  then  there  this  writ. 

John  Doe,  J.  P.    [seal.] 

Issued  Jan.  4th,  1876. 

TS^-QTE. — In  taxing  costs,  only  one  witness  to  each  fact  can  be  paid.  If  any 
witness,  duly  summoned,  however,  fails  to  appear,  the  Justice  at  once  enters 
up  against  him  judgment  niu  on  his  docicet,  as  follows: 


§1313.] 

Xo.  9.— JUDGMENT  NISI  AGAINST  WITNESS. 

State  of  Mississippi,  Copiah  County,  \ 
vs.  ,- 

E.    F.  ) 

To  the  Sheriff  or  any  Cous'abie  of  said  county,  Greeting: 

On  this  10th  day  of  January,  1876,  E.  F.,  being  called  out  ou  his 
subpoena  to  appear  and  testify  before  the  undersigned  Justice,  on 
the  part  of  the  plaintiff,  in  a  certain  cause  wherein  William  Jones 
was  plaintiff  and  Jno.  Smith  defendant,  failed  to  appear  in  pursu- 
ance of  said  subpoena;  and  said  court  being  satisfied  that  said  wit- 
ness was  duly  summoned,  judgment  for  the  sum  of  ten  dollars  is 
entered  against  him;  You  are,  therefore,  hereby  commanded  to 
summon  the  said  E.  F.  to  appear  before  the  undersigned,  at  his 
office  in  said  county,  on  the  24th  day  of  January,  1876,  then  and 
there  to  show  cause,  if  any  he  has  or  can,  why  said  judgment  shall 
not  be  made  final.     Have  you  then  there  this  writ. 

John  Doe,  J.  P.  [seal.] 


§  1313.]         No.  10.— ATTACHMENT  FOR  WITNESS. 

State  of  Mississippi, 

To  the  sheriff  or  any  constable  of  Copiah  countv,  Greeting: 

We  command  you  that  you  attach  the  person  of  E.  F.,  and  him 
safely  keep,  so  that  you  have  him  before  the  undersigned  Justice  of 
the  Peace  for  said  county,  at  his  office  therein,  on  the  24th  day  of 
January,  1876,  then  and  there  to  testify,  on  the  part  of  the  plaintiff, 
in  a  certain  case  pending  before  said  Justice,  wherein  William 
Jones  is  plaintiff"  and  John  Smith  is  defendant.  And  have  you 
then  there  this  writ. 

Witness  my  hand  and  seal,  this  10th  day  of  Januar}-,  1876. 

Jonx  Doe,  J.  P.   [seal.] 


81314.] 

No.  11.— NOTICE  TO  TAKE  DEPOSITION. 

To  John    Smith,  defendant  in   the  case   of  William   Jones   against 
John  Smith,  pending  before  John  Doe,  a  Justice  of  the  Peace 
for  Copiah  count}^  Mississippi  : 
You  will  take  this  as   notice,  that,  in  pursuance  of  a  commission- 
to  me  directed  by  said  John  Doc,  Justice  as  aforesaid,  I,  the  under- 


In  Civil  Cases.  •"> 

signed  Justice  ol"  tlic  Peace  for  the  count}'  of  Lincoln,  in  said  State, 
will,  on  Saturday,  the  lirst  day  of  February,  1876,  at  the  hour  of 
eleven  o'clock  a.  m.,  at  my  ollice,  in  Brookliaven,  in  said  county  of 
Lincoln,  proceed  to  take  the  deposition  of  A  B.,  a  witness  on  the 
part  of  the  plaintilf,  in  said  case,  which,  when  taken,  will  be  read  in 
evidence  on  the  trial  thereof.  You  can  attend  and  cross  examine, 
if  you  see  proper. 

AV'itnoss  mv  hand  and  seal.  January'  15th,  1S7G. 

E.  L.  Bowicx,  J.  P.  [seal.] 


S1314.J     No.  12— COMMISSION  TO  TAKE  DEPOSITION. 

The  Static  of  jMississifi'i, 
To  E.  L.   Boweii,  a  Justice   of  the   Peace  for  Lincoln  count}',  said 
State,  Greeting: 

It  has  been  suggested  by  William  Jones,  plaintilf  in  the  case  of 
William  Jones  against  John  Smith,  now  pending  before  me,  John 
Doe,  a  Justice  of  the  Peace  for  Copiah  county,  in  said  State,  that 
A.  B,,  a  witness  on  the  part  of  the  plaintiff,  resides  without  the 
limits  of  my  count}',  and  is  in  the  said  county  of  Lincoln;  These  are, 
therefore,  to  require  you  to  take  the  deposition  of  said  witness,  if 
to  be  found  in  your  county,  first  giving  five  days'  notice  to  the 
defendant,  or  his  attorney  of  record,  of  the  time  and  place  of  taking 
the  same;  which  deposition,  when  so  taken,  you  will  at  once  return 
to  the  undersigned.  Justice  as  aforesaid,  certiUed  under  you"  liand 
and  seal,  to  be  read  in  evidence  on  the  trial  of  said  case. 

Witness  my  hand  and  seal  this  24th  January,  1876. 

John  Doe,  J.  P.  [seal.] 

Note. — When  the  Justice  receives  this  commission,  he  will,  after  ascer- 
taining that  the  witness  is  in  his  county,  at  once  mail  a  copy  of  the  foregoing 
notice  to  the  defendant  or  to  his  attorney  of  record.  This  commission  must 
be  attached  to  the  deposition  and  returned,  as  well  as  the  original  notice. 


§jj  1314,  794  to  7Un. 

No.  13— DEPOSITION.     . 

.  The  deposition  of  A.  B.,  a  witness  on  the  part  of  the  plaintiff,  in 
the  case  of  William  Jones  against  John  Smith,  now  pending  in  the 
county  of  Copiah,  Mississippi: 

In  pursuance  of  the  foregoing  and  annexed  commission  to  me 
directed,  I.  H  L.  Bowen,  a  Justice  of  the  Peace  for  the  county  of 
Lincoln,  oMississippi,  after  having  given  to  the  defendant,  John 
Smith,  live  days'  notice  of  the  time  and  place  of  taking  this  (leposi- 
tion  (as  per  original  notice  herewith  returned),  caused  the  said  wit- 
ness to  come  Itefore  me  at  my  office,  in  the  town  of  lirookhaven,  in 
said  county  of  Lincoln,  at  the  hour  of  eleven  o'clock  a.  m.  on  the 
lirst  day  of  February,  1876,  which  said  witness,  after  having  been 
duly  sworn,  testified  as  follows: 

{Here  write  down  fnUy  irlidt  tlie  witnesi^  scn/s.  After  which,  cou- 
■clude  as  foUows:) 


6  Justice  Forms 

All  of  which  foregoing  testimony  I  caused  to  he  reduced  to- 
writing,  and  said  witness,  after  having  the  same  read  over  to  him, 
signed  the  same  in  my  presence,  at  the  place  and  on  the  day  men- 
tioned in  the  caption;  all  of  which  I  hereby  certify  under  my  hand 
and  seal,  this  1st  day  of  February,  1870. 

E.  L.  BowEN,  J,  P.  [seal.] 


]v^o.  14.— OATH  OF  WITNESS. 

You  do  solemnly  swear  that  the  testimony  you  shall  give  in   the 

case  now  in  hearing,  wherein  is  plaintiff  and is- 

defendant,  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the 
truth.     So  help  you  God. 


§§  132G,  1328. 
No.   15— VENIRE  FACIAS,  OR  SUMMONING  THE  JURY. 

The  State  op  Mississippi, 

To  the  sherirt'  or  any  constable  of  Copiah  count}',  Greeting: 

You  are  hereby  commanded  to  summon  twelve  good  and  lawful 
men  of  your  county  to  be  and  appear  before  the  undersigned  Justice 
of  the  Peace  for  said  county,  at  his  ofilce  therein,  instanter  [or,  on 
the  lOth  day  of  July,  1876),  then  and  there  to  serve  as  jurors,  in 
certain  cases  pending  before  said  Justice.  And  have  you  then  there 
this  writ,  with  the  names  of  the  jurors  summoned  endorsed  thereon. 

"Witness  my  hand  and  seal  tliis  day  of  ,  1876. 

John  Doe,  J.  P.  [seal.] 

Note. — If  any  juror  fails  to  appear,  he  is  subject  to  the  same  fine,  and 
like  proceedings  can  be  had,  as  against  defaulting  witness.  See  Form  No. 
y,  and  Sec.  1329. 


No.  16.— AFFIDAVIT  FOR  CONTINUANCE. 

State  of  Mississippi,)  In  Justices'  Court 

Copiah  County,     \  for  District  No.  2,  Jan.  10th,  1876. 

Personally  appeared  before  the  undersigned,  an  acting  Justice  of 
the  Peace  for  said  county,  John  Smith,  defendant  in  the  case  of 
William  Jones  vs.  John  Smitli,now  pending  before  the  undersigned, 
and  made  oath  that,  owing  to  the  absence  of  A.  B.,  a  material  witness 
in  his  behalf,  who  has  heretofore  been  subpaMiaed  in  this  case, 
he  cannot  safely  go  to  trial ;  that  he  expects  to  prove  by  said  wit- 
ness that  at  the  time  of  hiring  said  Jones  by  affiant,  he  was  present,, 
and  it  was  distinctly  understood  that  atliant  would  only  give  60  cents 
per  day  for  scrai)ing  cotton,  and  75  cents  per  day  for  ploughing; 
that  afliant  expects  to  have  said  witness  or  his  deposition  before  the 
court  at  the  next  term  thereof;  that  this  allidavit  for  continuance 
is  not  made  for  dela^^  nor  to  vex  or  harrass  the  plaintiff,  and  that 
affiant  knows  of  no  other  person  by  Avhom   he  can  prove  the  same- 


In  Civil  Cases.  7 

facts:  therefore   atliant   usks  u  continuance;  of  sa'nl   case    until  the 
next  term  of  said  court.  •  John  Smith. 

Sworn  to  and  subscribed  tliis  day  of  ■. ,  187G. 

.John  i)oi:,  J.  1'.  |seai..] 


JS537.1  No.  17.— SUBPCENA  DUCKS  TECUM. 

State  of  iNIississii'Pi, 

To  the  sheriff  or  an}-  constable  of  Copiali  county,  Greeting: 

We  command  you  to  summon  A.  B.,  if  to  be  found  in  your 
county,  that  all  business  and  excuses  being  laid  aside,  he  be  and 
personally  appear  before  the  undersigned,  a  Justice  of  the  Peace  Un- 
said county,  at  his  oflice  therein,  on  the  10th  day  of  January,  1870, 
at  11  o'clock  A.  M.,  to  give  evidence  in  a  certain  case  now  pending 
before  said  Ju-Rtice,  between  William  Jones,  plaintiff,  and  John 
Smith,  defendant,  on  the  part  of  tlie  plaintiff;  and  further  to  com- 
mand the  said  A.  B.  to  bring  with  him,  and  theii  and  there  produce 
in  evidence,  a  certain  agreement  in  writing  (or,  as  the-  case  may  be, 
describbuj  the  j^aper  or  book);  and  herein  fail  not  under  the  penalty 
of  the  law.     Have  you  then  there  this  writ. 

Witness  my  hand  and  seal  this  5th  dav  of  January,  1876. 

John  Doe,  J.  r.   [seal.] 


No.   IS.— OATH  TO  ANSWER  QUESTIONS. 

You  do  solemnly  ?wear  that  you  will  true  and  correct  answers 
make  to  sucli  questions  as  shall  be  propounded  to  you  by  or  under 
the  direction  of  the  court.     So  help  you  God. 


No.   19.— OATH  OF  JURORS.  ^ 

You  and  each  of  you  do  solemnly  swear  that  you  will  well  and 
truly  try  the  issue  joined  between  William  Jones,  plaintiff,  and  John 
Smith,  defendant,  and  a  true  verdict  give,  according  to  the  evidence. 
So  help  you  God. 

IS-o.    20.— VERDICT  OF  A  JURY. 

We,  the  jury,  find  for  the  plaintiff,  an<l  assess  his  damages  at 
dollars. 


No.  21. -JUDGMENT  ON  JURY  VERDICT. 

'  This  day  come  tlie  i)arties  in  proi)er  person  {or,  by  Iheir  attorneys, 
or  both),  and  the  writ  of  venire  facias  heretofore  issuetl  being  duly 
returned,  come  the  foUowino- good  and  lawful  men  of  Copiati  county, 
to-wit:  A.  B.,  C.  D.,  E.  F.,^G.  H.,  J.  K.,  L.  M.,  N.  O.,  V.  Q.,  R.  S., 
T.  U.,  V.  W.  and  J.  X.,  who,  being  accepted  by  the  parties,  were 
duly  sworn  and  impaneled  ;  and  aft^er  hearing  the  testimony  of  the 
witnesses,  and   all   the  evidence  in  the  case,  retired  in  charge  of  a 


8  Justice  Forms 

coustable.  and  after  consideration,  returned  into  court  the  following 
verdict:  We,  the  jury,  (ind,for  the  plaintiff,  and  assess  his  damages 

at dollars.     It  is  therefore  considered  b}'  the  court  that 

the  said  plaintiff  do  recover  of  and  from  the  said  defendant,  as  well 

the   sum  of  dollars,  with  legal  interest  from  this  date 

till  paid,  as  also  his  costs  and   charges   b}'  him  in  this  behalf  ex- 
pended, to  be  taxed,  and  that  execution  issue  herein. 

Jan.  :J4th,  1876.  John  Doe,  J.  P.   [seal.] 


iS^o.   22.— JUDGMENT  OF  JUSTICE. 

This  day  come  the  parties  in  their  own  proper  person,  and  the 
testimony  of  the  witnesses  and  all  the  evidence  in  the  case,  and  the 
aro-ument  of  counsel,  having  been  heard  and  duly  considered,  it  is 
thereupon  ordered  and  adjudged  by  the  court  that  the  plaintiff,  Wil- 
liam Jones,  do  liave  and   recover  of  and   from   the  defendant  John 

Smith,  the  sum  of  dollars,  with  legal  interest  from  this 

date,  as  also  his  costs  and  charges   by  him  in  this  behalf  expended, 
to  be  taxed,  and  that  execution  issue  herein. 

Jan.  24th,  1876.  John  Doe,  J.  P.   [seal.] 

AToTE. — If  there  be  a  jury,  the  Justice  must  enter  and  sign  the  judgment 
in  his  docket  at  once;  if  the  case  be  tried  without  jury,  the  justice  may 
take  a  few  davs  for  consideration.  But  the  better  practice  is  to  decide  and  , 
enter  jndirment  at  once.  To  make  the  judgment  a  lien  upon  all  the  projv 
ertv  of  tilt-  defendant,  it  must  be  enrolled  in  the  Circuit  Clerk's  office  at 
once. 


gl3:J2.]  No.    23.— AFFIDAVIT  FOR  APPEAL. 

State  of  Mississippi, ) 

Copiah  County.      \ 

This  day  personally  came  and  appeared  before  the  undersigned 
Justice  of  the  Peace  for  said  county,  John  Smith,  and  pr^iys  an 
appeal 'from  the  judgment  of  said  Justice,  in  the  case  of  William 
Jones  against  John  Smith,  rendered  by  said  Justice  on  the  24th 
day  of  January,  1S7G  ;  and  said  Smith  makes  further  oath  that  he 
prays  said  appeal  not  for  purposes  of  delay,  nor  to  vex  and  harrass 
or  oppress  his  adversarv,  but  that  justice  may  be  done  in  the  pre- 
mises. '  John  Smith. 

Sworn  to  and  subscribed  this  29th  day  of  Jan.,  187G. 

\loHX  Doe,  J.  P.   [seal.] 


§1332.]  No.  24— APPEAL  BOND. 

State  of  Mississiri'i,| 

Copiah  Count} .       \       ' 

Know  all  raeii  by  these  presents,  that  we,  John  Smith,  Samuel 
Tucker  and  Luke  Rankin,  are  held  and  firmly  bound  unto  William^ 
Jones  in  the  i)enal  sum  of  two  hund-ed  dollars,  for  payment  of 
which  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs  and 
legal  representatives,  jointly  and  severally,  hrmly  by  these  presents. 


///  Civil  Cases.  ^> 

signed  with  our  iiiinK-s  and  sealed  willi  our  seals,  this  'l'-h\\  da}-  ul" 
January,  1870. 

The  eonditioii  (d'  liie  above  o1)rnrati()ii  is  stieh,  lliat,  whereas,  Ihc 
nbovenamed  William  Joiio.s,  on  the  24th  day  of  Januai-y,  187(3, 
before  John  l)o^,  a  Jiistiec  of  the  Peace  for  said  eounty,  I'eeovered 
!i  judgment  against   the  above  bound   John    Smith,  for  the  sum  ot 

dollars,  with  interest  and  ecjsts  ;  and,  whereas,  the   said 

Smith  hath  prayed  an  appeal  to  the  next  term  ol  the  Circuit  Court 
for  said  county,  and  made  the  affidavit  ])ursuant  to  the  statute  in 
this  behalf;  Now,  therefore,  if  the  said  John  Smith  shall  well  and 
truly  pay  and  satisfy,  such  judgment  as  the  Circuit  Court  aforesaid 
may  I'cndor  against  him  in  the  premises,  then  this  obligation  to  be 
void,  otherwise  to  remain  in  full  force  and  elfect. 

John  Smiiii,  [skal.j 

Sajiuei.  Tuciceu,  I  seal.] 
LuKK  Raxkix,,       [skal.] 
I  approve  this  bond  and  sccuritv.     Jan.  2i)th,  1S70. 

John  Dok,  J.  V. 

NoTK. — The  foregoing  affidavit  and  bond  must  be  given  within  live  days?, 
or  the  party  will  liavc  to  resort  to  petition  and  writ  of  certiorari  to  open  up 
his  case — which  see  below.  I  desire  especially  to  call  the  attention  of  Jus- 
tices to  the  fact  that  too  many  defective  bonds  are  taken.  Straw  ])onds  are 
1  now  and  have  been  in  this  State  the  bane  of  litigation.  Be  rigid  in  your 
•examination  of  all  sureties.  The  form  of  tlieir  justification  is  given  below, 
which  must  be  annexed  to  or  endorsed  on  all  bonds. 


No.    25.— AFFIDAVIT    OF    JUSTIFICViTON    OF    SURETIES 

ON  BOND. 

State  OF  MississirpiJ 

-   ss 
Copiah  C!ounty.       \ 

Personally  api)eared  before  me,  the  undersigned,  a  Justice  of  the 
Peace  for  said  eounty,  Samuel  Tucker  and  Luke  Rankin,  who,  being 
by  me  duly  sworn,  on  their  several  oaths  depose  and  say,  that  they 
are  worth  over  and  above  their  legal  exemptions  and  liabilities,  in 
visible  i)roperty  subject  to  execution,  the  sum  of  two  hundred  dol- 
lars :  that  is  to  say,  the  said  Tucker  one  hundred  dollars,  and  the 
said  Luke  Rankin  one  hundred  dollars. 

Samuel  Tuckeu, 
Luke  Rankix. 
Sworn  to  and  subscribetl  this  2'Jth  (\nx  oi  Januaiy,  1876. 

John  Doe,  J.  P.   [seal  ] 


§1330.]        No.  20.— PETITION  FOR  CERTIORARI. 

To  the  Hon.  Uriah  Millsaps,   Judge  of  the  r)th  Judicial    District  of 
the  State  of  JMississippi: 
Your  petitioner,  John  Smith,  would  i-espectfuily    show  unto  your 
Honor,  that  on  or  about  the  10th  day  of  January,  1870,  one  William 


10  Justice  Forins 

Jones  commeuced  a,  suit  against  your  petitioner,  before  John  Doe^ 
a  Justice  of  the  Peace  for  the  countj  of  Copiah   and  said  State,  on 

an  open  account  for  the  sum  of dollars;  that  afterwards,  on  or 

about  the  29th  day  of  January,  1876,  the  said  Justice  rendered 
judo'ment  against  j'our  petitioner  for dollars,  &e.,  &c. 

Your  ]ietitioner,  therefore,  alleges  that  injustice  has  been  done 
him  on  the  trial  of  said  cause,  the  judgment  Ijeing  illegal,  unjust 
and  oppressive  ,  wherefore  your  petitioner  prays  your  Honor  for 
the  writ  of  certiorari  and  supersedeas,  directed  to  said  John  Doe, 
Justice  of  the  Peace  as  aforesaid,  returnable  at  the  next  regular 
term  of  the  Circuit  Court  of  said  county,  in  order  that  justice  may 
be  done  in  the  premises.     And  as  in  duty  bound  will  ever  pra}',  &c. 

John  Smith. 

Sworn  to  and  subscribed  this  15th  da}-  of  Februarv',  before  me. 

[seal,]  Jas.  L.  Ard,  Clerk. 

Note — On  this  petition  the  Judge  endorses  his  fiat  to  the  Clerk,  who 
issues  the  writ,  upon  the  petitioner's  entering  into  bond  in  the  sum  of  two 
hundred  dollars,  conditioned  as  in  appeal  bond.     See  Sec.  1334,  on  appeals. 


§  1333.]  No.  27.— TRANSCRIPT  OF  RECORD. 

In  making  up  the  record  of  the  proceedings  in  any  case  before  a 
Justice  on  an  appeal  or  in  pursuance  of  a  writ  of  certiorari,  com- 
mence with 

1st,  Tlie  account,  note  or  other  writing  upon  which  suit  was 
begun. 

2d,  The  summons  or  writ. 

3d.   Subprcnas. 

4th.   .Vflldavits  for  continuance,  motions,  jfec,  (kc. 

5th.  Any  other  papers  filed  in  the  case,  as  summons  for  garnishees- 
and  their  answers,  &c.,  tfec. 

6th.  A  cop3'  of  your  entries  on  the  docket,  and  the  judgment  of 
the  court  in  full;  let  your  judgment  be  against  defendant  before 
against  garuisheas. 

7tli.  A  copy  of  all  costs  accrued  in  your  court,  including  this 
transcript. 

8tli.  The  original  atnda\it  for  appe;d  and  the  bond. 

9th.  Your  certificate. 

Attach  these  papers  together  in  the  order  stated,  by  eyelets  or  tliread.  Be 
particular  in  this,  as  a  correct  return  of  record  is  indicative  of  a  justice 
worthy  to  hold  his  place.     I  give  the  certificate  below  : 

I  hereby  certify  that  the  foregoing  and  attached  papers  are  all 
the  original  papers  in  the  case  of  A.  B.  vs.  C.  D.,  tried  before  me, 
and  that  the  above  and  foregoing  is  a  full,  true  and  perfect  rec.ird 
of  the  i)roceedings  had  in  said  case,  including:  the  judgment  ren- 
dered liy  me,  with  the  original  aflulavit  for  jippeal  and  bond. 

Dated  the  day  of  ,  1876. 

John  Doe,  J.  P.  [seal.] 


In  Civil  Cases.  11 

i^g  1337,  874.  1 

Xo.    28.— AFFIDAVIT  FOR  GARNISHMENT. 

State  ok  Mississn-ri,  |  ^^ 
Copiah  County.  ) 

rersonully  appeared  ])efbre  me,  tlu;  iindersi^uued  Justice  of  the 
Peace  for  said  county,  William  Jones,  plaintilf  in  a  judsrment  ren- 
dered by  the  undersigned,  on  the  24th  day  of  January,  1876,  against 

John  Smith,  for   dollars,  with  interest  and  costs,  and  made 

oath  that  he  docs  not  believe  that  said  defendant  has  in  his  possession 
visible  property,  upon  which  a  levy  can  be  made,  sufficient  to  sat- 
isfy said  judgment,  and  said  plaintiff  suggests  that  Henry  Wash- 
ington and  Solomon  Bruce,  of  said  county,  are  indebted  to  said 
deTeudant,  or  have  effects  of  said  defendant  in  their  hands  or  pos- 
session. William  Joxks. 

Sworn  to  and  subscribed  this  29th  day  of  January,  1870. 

John  Doe,  J.  P.  [seal.] 


j^  S75.J  No.  29— WRIT  OF  GARNISHMENT. 

State  of  Mississtrin,  ] 

-,,  -  ^  ss 

Copiah  County.        j 

To  the  sheriff'  or  any  constable  of  said  county,  Greeting: 

Wiiercas,  William"  Jones,  plaintiff"  in  a  certain  judgment  rendered 
by  the  undersigned  Justice  of  the  Peace  for  said  county,  against 
John  Smith,  for  dollars,  with  interest  and  costs,  hath  sug- 
gested that  Henry  Washington  and  Solomon  Bruce  arc  indebted  to 
the  said  defendant  in  said  judgment,  or  have  effects  of  said  de- 
fendant in  their  possession,  and  "hath  also  made  oath  that  he  does 
not  believe  that  said  defendant  hath  in  his  possession  visible  prop- 
erty, upon  which  a  levy  can  be  made,  sufficient  to  satisfy  said  judg- 

We,  tlierefore,  command  you  to  summon  the  said  Henry  Wash- 
ington and  Solomon  Bruce  to  be  and  appear  before  the  undersigned 
Justice,  at  his  office  in  said  county,  on  the  24th  day  of  January, 
1876,  to  answer  on  oath,  whether  they  are  indebted  to  the  said  de- 
fendant, and  in  what  sum,  and  what  effects  of  said  defendant  they 
have  in  their  hands  or  possession,  or  had  at  the  time  of  serving 
this  summons;  and  whether  they  know  of  any  other  persons  in-^ 
debted  to  said  detcndant,  or  who  may  have  any  of  the  effects  of 
said  defendant  in  their  hands  or  possession;  and  have  you  then 
there  this  writ. 

Witness  my  hand  and  seal  this  10th  dav  of  Jan..  187(). 

John  Doe,  J.  P.  [skal.J 

XoTF,.— The  best  mode  ior  answer  of  s^arnishee  is  in  writing,  and  in  the 
nature  of  an  affidavit.  The  following  ^form  will  do,  altering  to  suit  the 
facts,  in  all  cases  and  in  all  courts.     It  can  be  forwarded  to  the  Justice. 


12  Justice  Forms 

§874.]  No.  30.— ANSWER  OF  GARNISHEE. 

State  of  Mississippi,  )  In  Justice  Doe's  Court, 

-  ss  ^/-> 

Copiah  County.  \      '         Dist.  No.  2.  Januaiy  Term,  18/ 6. 

Tiiis  da}'  personally  appeared  Henry  Washington,  summoned  as 
garnishee  in  the  ease  of  William  Jones  against  John  Smith,  who, 
being  t)y  me,  tlie  undersigned,  a  Justice  of  the  Peace  for  said 
count}',  duly  sworn,  on  his  oath,  answering  says:  That  at  the  date 
of  the  service  of  the  sumrnons  cf  garnishment  herein,  he  was  not 
indebted  in  any  sum  to  John  Smith,  the  defendant  aforesaid  {or,  that 
he  lods  indebted,  and  the  sum);  that  he  has  in  his  possession  one 
bay  mare,  tlie  property  of  said  defendant,  which  was  delivered  to 
him  for  the  purpose  of  making  a  crop  on  defendant's  land  for  the 
year  1876  ;  that  he  knows  of  no  one  indebted  to  the  said  defendant 
in  an}'  sum;  that  he  has  been  informeil  and  belie^'es  that  Solomon 
Bruce,  now  resident  on  the  farm  of  defendant,  has  in  his  possession 
a  certain  black  mule,  which  is  the  property  of  the  defendant;  that 
lie  knows  of  no  other  persons  who  have  in  their  hands  or  possession 
any  property  or  effects  of  the  defendant;  and  having  herein  fully 
answered,  prays  to  be  discharged,  witli  his  reasonable  costs. 

IIexuy  Washington. 

Sworn  to  and  subscribed  before  me,  this  24th  day  of  January. 
1876.  John  Doe,  J.  P.  [seal.]^ 

Note. — This  or  any  answer  of  garnishee  can  be  by  the  plaintiff  traversed, 
by  statement  in  writing  or  by  affidavit,  setting  up  the  facts  wherein  the  gar- 
niyhee  has  evaded  the  summons.  An  issue  can  be  made  up.  a  jury  sum- 
moned, and  the  correctness  of  the  answer  of  garnishee  at  once  decided.  See 
Sec.  1445. 


§§  1317,  83S..]  No.  31.— EXECUTION. 

State  of  Mississippi, 

To  the  sheriff  or  any  constable  of  Copiah  county: 

We  command  you  that  of  the  goods  and  chattels,  lands  and  tene- 
ments of  John  Smith  you  cause  to  be  made  the  sum  of  fifteen  dol- 
lars and  cents,  which  sum  was  lately,  before  the  undersigned, 

one  of  the  Justices  of  the  Peace  for  said  county,  recovered  against 
said  John  Smith,  with   interest  on   said  sum  at  the  rate  of  six  per 

cent,  per  annum  from  the  day  of  ,  1876,  until  paid; 

also,  dollars  and   cents,  costs  of  suit;  and  that  you 

have  the  said   sums  of  money  before  the   undersigned,  at  his  office 

in  said  county,  to  render  to  the  plaintiff  in  said  suit,  on  the  

day  of  ,1870.     Have  you   then   there  this  writ,  with  your 

proceedings  tliereon  endorsed. 

Witness  my  hand  and  seal  this  day  of  ,  187G. 

John  Doe,  J.  P.  [seal.] 

(BILL  OF   COSTS.— /S'ee  rees  of  Officers.) 

justice's  fees. 

Issuinff  summons  or  wan-iint Suranioning  gai'iiishees 

Entering  suit Taking  examination  of garnishees.. 


///  Civil  Cases.  13 


Issiiinp;  subponas  names Ipsiiiiig;  exeeiilioii 

Affidavit  to  accoant IssiiinjT  veiiili.  exjjoiias 

Counter-affidavit Affidavit  and  appeal  bond 

Venire  facias Transcript  of  record  and  certificate 

Swearing  jury Issuing  attaciinient,  bond  and  affidavit., 

Swearing  witnesses Issuing  replevin,  bond  and  affidavit 

Affidavit  for  continuance Iss'ng  distress  war'nt,bo'.id  and     "  

('oniniission   to  take  deposition llecognizance 

Proceedings  to  judgment ^littimus 

Entering  judgment Jury  fee 

Affidavit  for  garnishee witnesses 


GONSTADLE  S    FEES. 

Serving  summons  or  warrant Summoning  inquest 

Serving  an  attachment Conveying  criminal  to  jail miles, 

Summouiuu   witnesses Attcmlinj;  tiial 

Executing  mittimus Summoning  jury 

Taking  bonds Iin'y  trial,  attendance 

Levying  execution  and  making  money. ..Summoning  garnishees 

A  true  bill  of  costs.  John  Doe,  J.  P.   [seal.] 


No.  32.— RETURN  ON  EXECUTION. 

Executed  the  within  writ  by  levying  on  and  taking  into  my  pos- 
session one  bay  niai'e,  the   property  of  the   defendant,  John  Smith. 

This  day  of  1876. 

Thomas  Catch,  Constable. 

No  property  of  tlie  defendant,  John  Smith,  found  in  m}'  county. 

Jan.  29th,  187G.     ^  Thomas  Catch,  Constable. 


^§844,  845.]         No.  33.— BOND  OF  INDEMNITY. 

State  of  Mississippi,  Copiah  County.  }-ss. 

Know  all  men  bj'  these  presents,  that  we,  William  Jones  and 
George  Shannon  are  held  and  firmly  bound  unto  Thomas  Catch,  his 
heirs,  assigns  or  legal  representatives,  in  the  penal  sum  of  seventy- 
five  dollars  [the penaltij  should  be  sufficient  to  cov&r  value  of  'proi^erty 
seized,  and  a  margin  for  costs),  for  which  payment  well  and  truly 
to  be  made,  we  bind  ourselves  and  legal  representatives,  jointl}'  and 
severally,  firmly  by  these  presents.  Signed  with  our  names  and 
sealed  Avith  our  seals,  this  day  of  Januaiy,  1876. 

The  condition  of  the  above  obligation  is  such,  that,  whereas,  an. 
execution    issued    by  John   Doe,  a  Justice    of  the   Peace  for  said 

count}',  on  the  day  of ,  1876,  in  favor  of  William  Jones 

and  against  John  Smith,  for  dollars,  judgment,  with  in- 
terest and  costs,  was,  by  Thomas  Catch,  a  constable  of  said  count)', 
levied  upon  a  certain  ba}'  mare,  valued  at  fifty  dollars,  as  the  prop- 
erty of  said  defendant;  but  doubts  having  arisen  whether  the  right 
to  said  bay  mare  is  in  the  said  defendant  or  not  (or,  the  said  mare  is 
liable  to  seizure  by  reason  of  exemption);  Now,  therefore,  if  the 
above  bound  obligors  will  indemnify  and  save  harmless  the  said 
Thomas  Catch  against  all  damages  which  he  ma}'  sustain  in  conse- 
quence of  the  seizure  or  sale  of  the   mare  aforesaid,  on  which  said 


14  Justice  Forms 

execution  lias  l)eon  levied,  and,  moreover,  will  \){\\  and  satisfy  to 
any  person  elaiunug  title  to  said  mare  (or,  the  defendant)  all  dania- 
oes  which  said  person  {or  defendant)  may  sustain  in  consequence 
of  such  seizure  or  sale,  then  this  obligation  to  lie  void,  otherwise  to 
remain  in  full  force  and  effect. 

WiLLIAJI    JoXES,         [seal.] 
GkoRGE  tSHANNON,   [SEAL.J 


.^  851.1 

'     No.    34.-FRAUDULENT   CONVEYANCE— AFFIDAVIT. 

State  of  Mississippi,  Copiah  County.  )■  ss. 

This  day,  William  Jones,  plaintiff  in  a  judgment  rendered  by  the 

undersigned  Justice  of  the  Peace  for  said  county,  on  the   day 

of  January,  1876,  against  John  Smith  for  dollars  and  in- 
terest and  costs,  came  before  the  undersigned  and  being  by  me  dulN' 
sworn,  deposes  and  says,  that  the  execution,  issued  l)y  virtue  of  the 
iudgment  aforesaid  has  been  returned  nulla  bona;  that  he  has  rea- 
sons to  believe,  and  does  believe,  and  hereby  suggests  to  the  court 
that  the  said  defendant  hath  propert3%  but  hath  fraudulently  con- 
veyed the  same  for  the  purpose  of  defrauding  his  creditors,  or  to 
avoid  the  payment  of  the  execution  in  ihis  behalf,  to-wit:  three 
yoke  of  oxen  and  one  wagon,  now  in  the  hands  and  possession  of 
John  Crawford  in  said  count}'  {or  any  other  'property  whatever 
that  mail  have  been  disposedoj'  or  conveyed  in  fraud  of  his  creditors.) 

William  Jones. 

Sworn  to  and  subscribed,  this  day  of  ,  1876. 

John  Doic,  J.  P.   [seal,  j 


:<  851.] 

'       No.    :J5.— FRAUDULENT   CONVEYANCE— SUMMONS. 

State  of  Mississippi, 

To  the  Sheriff  or  an}'  Constable  of  Copiah  County,  Greeting: 

Whereas,  William  Jones,  plaintiff  in  a  certain  judgment  rendered 
by  the  undersigned  Justice  of  the  Peace  for   said  county,  against 

John  Smith  for dollars,  with  interest  and  costs,  the  execution 

issued  by  virtue  of  said  judgment  being  returned  nulla  bona,  hath 
suggested  that  John  Crawford,  of  said  county,  hath  in  his  hands 
and  posse'S^Ton  certain  property  of  the  defendant,  to-wit:  three  yoke 
of  oxen  and  one  wagon,  and  hath  also  made  oath  that  he  has  rea- 
sons to  believe,  and  does  verily  believe,  that  said  defendant  hath 
fraudulently  conveyed  the  same  to  said  Crawford  for  the  purpose  of 
defrauding  his  creditors,  or  to  avoid  the  payment  of  the  execution 
in  this  behalf; 

Therefore,  we  command  3'ou  to  summon  the  said  John  Crawford 
to  be  and  personally  appear  before  the  Justice  of  the  Peace  afore- 
said, at  his  office  in  said  county,  on   the  day  of  1870, 

then   and  there  to  answer  unto  the  complaint  and  affidavit  of  said 


In  Civil  Cases.  15 

plaiiitili;  Ibat  issue  m:iy  l>e  niailo  up  iu   this  l)eliair;  and   have  you 
then  there  this  writ.  \ 

Witness  my  hand  and  seal,  tliis  day  of  ,  1876. 

John  Dok,  J.  P.  [seal.] 

N.OTK. — For  manner  ol"  stay  of  execution  before  a  .Tustice  of  tlie  Peace, 
see  Sees.  134.'>  and  1844. 


Note. — Lands  and  tenements  can  be  levied  on  by  execution  and  attach- 
ment issuing  by  a  Justice  of  the  Peace,  but  the  officer  making  the  levy  must 
endorse  the  fact  upon  the  execution  and  return  it  to  the  Justice:  after 
Avhich  the  full  duty  of  the  Justice  in  the  premises  is  set  forth  in  8ec.  1319, 
Avhich  see. 


S1338,  858.1 

No.    36.~CLAlMAN'rs  ISSUE— AFFIDAVIT. 

Statk  ok  Mississirri,  Coimah  County.  ^  ss. 

Personally  appeared  l)eforc  the  undersigned  Justice  of  the  Peace 
for  said  county,  William  Ragland,  who  made  oath  that  ti  certain  bay 
mare,  levied  on  as  the  property  of  John  Smith  by  Thomas  Catch,  a 
constable  of  said  county,  b}-  virtue.of  an    execution  issued   b}'  the 

Justice  aforesaid,  on  the day  of  January,  1870,  and  returnable 

before  said  Justice  on  the  day  of  January,  1876,  upon  a  judg- 
ment rendered  by  said  Justice  against  said  John  Smith  and  in  favor 

of  William   Jones,   for  the   sum  of  dollars,  with  legal  interest 

from  date  of  rendition  till  paid,  as  also  costs  of  suit,  is  not  the  prop- 
erty of  said  defendant,  but  the  property  of  this  aflliant,  the  right 
and  title  being  in  him;  that  this  claim  is  no*",  propounded  for  fraud- 
ulent purposes  or  delay,  ami  that  affiant  desires  to  replevy  said 
propertj-  and  have  his  claim  thereto  tried. 

William  Ragland. 

Sworn  to  and  subscribed  this  day  of  ,  1876. 

John  Doi:,  J.  P.  [slal.] 


Note. — It  is  a  matter  of  option  with  the  claimant  to  give  bond,  and 
replevy  and  take  the  property  seized  or  not.  If  lie  does  not  do  so,  the  prop- 
erty will  remrdn  with  the  officer,  to  abide  the  issue;  and  the  execution  is 
stayed  until  its  determination,  for  an  amount  equal  to  the  value  of  the  prop- 
erty in  issue.     See  Sees.  1338,  85!). 


c<  858.]  No.  37.— CLAIMANTS  BOND. 

State  of  Mississiri'i,  Copiah  County.  [>ss. 

Know  all  men  by  these  presents,  that  we,  William  Ragland  and 
Henry  Whitfield,  are  held  and  firmly  bound  unto  William  Jones,  his 
heirs,  assigns  or  legal  representatives,  in  the  penal  sum  of  one  hun- 
dred dollars  [double  value  of  property),  for  which  pa3-ment  well 
and  truly  to  be  made,  we  bind  ourselves,  our  heirs  and  legal  repre- 
sentatives, jointly  and   severally,  firmly  by  these  presents.     Signed 


16  Justice  Forins. 

with  our  names  and  sealed  with   our  seals,  this  dav  of  ^ 

1876. 

Tlie  condition   of  the  above  obligation   is  such,  that  whereas,  a 
iudgmeut  was  rendered  b}^  John   Doe,  a  Justice  of  the   Peace  lor 

said   county,  on  the  day  of ,  1876,  against  John   Smith 

and  in  favor  of  AVilliam  Jones,  for  the  sum  of  dollars,  with 

interest  and  costs,  upon  which  execution  duly  issued  and  was  levied 
upon  a  certain  bay  uiar.e,  as  the  property  of  said  defendant,  valued 
atfift}'  dollars;  and.  whereas,  William  Ragland  has  made  oath  that 
said  mare  is  his  property,  and  not  the  property  of  said  defendant, 
and  that  he  desires  to  replevy  said  property  and  have  his  said  claim 
tried;  Now,  therefore,  if  the  said  William  England  shall  prosecute 
his  said  claim  with  eilVct,  or  in  case  he  !ail  therein,  shall  pay  to  the 
said  AVilliam  Jones,  i)laintitl  in  execulion,  all  such  damages  as  may 
be  awarded  against  him,  in  case  his  claim  shall  not  be  sustained,  or 
shall  appear  to  have  been  made  for  fraudulent  purposes  or  for  dela}-, 
and  will  well  and  truly  deliver  the  said  mare  to  the  sheriff  or  other 
officer,  if  the  claim  thereto  should  be  determined  against  him,  the 
said  claimant,  then  this  obligation  to  be  void,  otherwise  to  remain 
in  full  force  and  effect. 

William  Ragland,  [seal.] 
Henry  Whitfield,    [seal.] 


S8G1.] 

No.  38.— JUDGMENT  IN  CLAIMANT'S  ISSUE. 

William  Jones,  plaintiff  in  execution,"] 

,„.,,.    ^'\     111-        ,  \     February  10th,  1876. 

William  Ragland,  claimant,  (  " 

Henry  Whitfield,  surety.  J 

Whereas,  execution  was  issued  by  John  Doe,  a  Justice  of  the  Peace 

for  said  county,  on  the day  of  Januaiy,  1876,  upon  a  judgment 

rendered  by  said  Justice  on  the day  of  January,  1876,  in  favor 

of  William  Jones  against  John  Smith,  for  the  sum  of dollars, 

wnth   legal   interest  and  costs,  which  execution  was   levied   upon  a 

certain  bay  mare  as  the  property  of  John  Smith,  the  defendant  in 

said  judgment,  which  said  mare  is   now  here  claimed  by  the  said 

William  Ragland  as  his  property;    and  the  said   Ragland  having 

beretotone   made  oath  and  given   bond  in  pursuance  of  the  statute 

in  this  behalf,  it  is  ordered  by  the  court  that  an  issue  for  the  trial 

of  the  right  of  property,  between  the  said  plaintiff  in  execution  and 

the  said  William  Ragland,  be  made  up.     Whereupon  a  writ  of  venire 

facias  was  issued,  returnable  instanter,  which   being  duly  returned, 

come  the   following  good  and  lawful  men   of  said  county,  to-wit : 

{here  insert  the  twelve  names)  who  being  accepted  by  the  parties  to 

the  issue,  were  sworn  and  impaneled.     The  said  jury,  after  hearing 

the  testimony  and  all  the  evidence  in  the  case,  and  the  argument  of 

counsel,  upon  their  oath  do  say:  We,  the  jury,  find  for  the  plaintiff 

in  execution,  and  assess  the  value  of  the  mare  at  fifty  dollars  ;  and 

w^e  further  find  that  the  claim  of  the  defendant,  William  Ragland, 


In  Civil  Cases.  IT 

was  made  for  fraiuUilent  i)iirposes,  or  for  purposes  of  delay.  It  is 
therefore  ordered,  considered  and  adjudged  by  the  court,  that  the 
said  plaintitf  in  execution  do  have  and  recover  of  and  from  the 
said  defendant,  claimant  as  aforesaid,  and  of  and  from  his  aforesaid 
.suretv,  the  bay  mare  levied  on  as  aforesaid,  if  to  be  had,  and  if  not 
to  b('"h;ul,  then  to  iiave  and  recover  a<2:aiiisL  the  sai«l  defiMidant  and 
Ills  said  surety  the  sum  of  fifty  dollars,  tlie  value  of  said  mare  as 
assessed  by  the  jury  aforesaid,  with  legal  interest  from  this  date 
till  paid,  and  also  ten  per  centum  damages  on  tlie  assessed  value 
aforesaid,  with  his  costs  in  this  behalf  expended;  i'or  all  which  exe- 
cution may  issue. 

February  ,  1876.  John  Doe,  J.  P.   [skal.] 

Note. — If  the  jury  find  fur  the  claimant,  the  court  shall  discharge  him 
from  his  bond,  and  give  judgment  of  costs  against  the  plaintiff  in  execution, 
if  he  was  present  and  contesting.  The  execution  in  the  above  judgment  is 
the  same  as  in  detinue,  which  see  post. 


§§  281,  1345.]         No.   39.— CONSTABLE'S  SALE. 

William  Jones  Execution  for  $ 

vs.  Costs  for 

John  Smith.  

8 

B}' virtue  of  the  above  stated  execution  to  me  directe<l  Ity  John 
Doe,  a  Justice  of  the  Peace  for  the  county  of  Copiah  and  State  of 
Mississippi,  I  will,  on  Saturda}',  the  25th  day  of  Februarv,  1876,  at 
the  depot  in  the  town  of  Beauregard,  within  legal  hours,  expose  to 
sale,  at  public  outcry,  to  the  highest  bidder  for  cash,  all  the  right, 
interest  and  claim  the  defendant,  John  Smith,  has  in  and  to  a  cer- 
tain bay  mare,  whieli  has  been  levied  on  as  the  propert}'  of  the  said 
defendant,  and  will  be  sold  to  satisl'y  the  above  stated  case  and  all 
costs.  TiioJiAS  Catch,  Constable. 

Februarv  10th,  1876. 


§  1346.]  No.  40.— VENDITIONI  EXPONAS. 

State  of  Mississippi, 

To  the  sheriff  or  any  constable  of  Copiah  county: 

We  command  you,  that  you  expose  to  sale  those  goods  and    chat- 
tels, lands  and  tenements,  of  ,  to-wit:  (here  insert  what  is, 

to  be  sold),  which,  according  to  our  command,  you  have  taken,  and 
which  remain  in  your  hands  unsold,  as  you  have  certified  to  the  un- 
dersigned, to  satisf\'  the  sum  of lollars  and cents,  with 

interest  at  the  rate  of  ..._  ..  per  cent,  per  annum  from  the day 

of  ,  187...,  until  i)aid,  as  also  the  sum  of dollars  and 

cents,  for  costs  and  charges  by  said   plaintilf  in    this   behalf 

expended,  whereof  defendant  herein  lias  been  convicted, 

as  ai)pears  to  us  of  record;  and  that  you  have  said  moneys  before 
'the  undersigned  to  render  to  the  phiintilf  herein,  on  the   day 


18  Justice  Forms 

of  ,1876,  for  his  damages  and  costs   aforesaid;  and  have- 

you  then  there  this  writ  with  j-our  proceedings  thereon  endorsed. 

Witness  my  hand  and  seal  this  day   of  ,  1876. 

...' ,  J.  P.  [seal.] 

BILL  OF  COST:^.— (6'ee  Fees  of  Officers.) 

justice's    fees. 

Issuing  summons  or  warrant Summons  for  garnishees 

Entering  suit Taking  examination  of  garnishees. 

Issuing  subpoenas,  names Issuing  execution 

AfSdavit  to  account Issuing  vendi  exponas 

'"'oiinter-affidavit Affirlavit  and  ap]ieal  bond 

Venire  fac  as Transoripr  of  recoivl  and  certificate 

Swearing  jury Issuing  aitachment,  bond  and  aitidavii.. 

Swearing;  witnesrses Issuing  replevin,  bond  and  affidavit 

Affidavit  for  continuance l?s'ng  distress  war' nt, bond  and  affidavits 

Commission  to  tal^e  deposition Recognizance 

Proceedings  to  judgment Mittimus 

Entering  judgment .Jury  fee 

Affidavit  for  garnishees AVitn esses 

constable's  fees. 

Serving  summons  or  warrant Summoning  Inquest 

Serving  an  attacliment Conveying  criminal  to  jail  miles — 

Summoning witnesses Attending  trial 

Executing  "mittimus Summoning  jury 

Taking  bonds , .Jury  trial,  attendance. 

Levying  execution  and  making  monej'.. Summoning garnishees 

A  true  bill  of  costs.  ,  J.  P.  [seal.] 

Xote. — All  executions  or  vendis  must  contain,  written  on  the  side  or  at- 
tached thereto,  a  hill  of  all  costs  in  the  case  under  the  hand  of  the  Justice,, 
and  the  sheriff  or  constable  shall  not  execute  unless  the  costs  are  so  dis- 
tinctly set  down.  A  copy  of  the  same  must  be  handed  the  party  against 
whom  tiie  execution  is  levied.  See,  on  this  point,  pamphlet  Acts  of  1875, 
page  137,  and  especially  Sees.  3,  7,  8  and  9.  Every  Justice  should  have  printed 
with  full  spaces,  blank  executions,  as  well  as  every  other  form  that  can  be 
BO  used. 


§§1421,1422.1 

No.  41.— remedy  BY  ATTACHMENT— AFFIDAVIT. 

State  of  Mississippi,  Copiah  County  )■  ss. 

Personall}^  appeared  before  the  undersigned  Justice  of  the  Peace 
for  said  count}',  Mark  Loving,  who,  being  by  me  duly  sworn,  makes 
oath  that  Edward  Reynolds  is  justly  indebted  to  him  in  the  sum  of 
sixty-five  dollars,  on  open  account,  and  that  although  often  re- 
quested so  to  do,  the  said  Reynolds  wholly  neglects  and  refuses  to 
pay;  and  that  the  said  Reynolds  "has  property  or  rights  in  action 
which  he  conceals  and  unjustly  refuses  to  apply  to  the  payment  of 
his  debts"  (  or  any  other  of  the  several  grounds  set  forth  in  section 
1420,  connected  together,  when  more  them  one  of  them  is  used,  by  the 
conjunction  and,  and  not  by  or.  As  many  of  them  can  he  used  a» 
v:ill  truthfully  apply);  wherefore  afilant  prays  the  issuance  of  the 


In  Civil  Cases.  19 

writ  of  attnchnient  ngainst  the  estate  oTsaid  Kovnolds,  real  and  per- 
sonal. IMakk  Loving. 
Sworn  to  and  subscrilic'd  this  lOtli  day  of  Mav,  1876. 

ii.  F.  Jones,  J.  P.  [sical.J 


§  1425.]  No.  42.— BOND. 

State  op  Mississiri'i,  CoriAii  County.  ];■  ss. 

Know  all  men  by  these  presents,  thai  wo,  ^Fark  Loving,  principal, 
and  Andrevv  Lusk,  surety,  are  held  and  firmly  bound  unto  Edward 
Reynolds  in  the  sum  of  one  luindred  and  thirty  dollars,  for  which 
payment  well  and  truly  to  be  made  we  bind  ourselves,  our  heirs  and 
legal  repiesentatives,  jointly  and  severally,  lirmly  by  these  presents. 
Signed  with  our  hands  and  sGaled  with  our  seals,  this, 10th  dav  of 
May,  1876. 

The  condition  of  the  above  obligation  is  sucli  that,  Avhereas,  the 
above  bound  Mark  Loving  hath,  on  the  da}'  of  the  date  hereol', 
prayed  an  attachment,  at  the  suit  of  himself,  against  the  estate  of 
the  above  named  Edward  Reynolds,  foi-  the  sum  of  sixtj'-five  dollars, 
and  hath  obtained  the  same,  returnable  before  B.  F,  Jones,  a  Justice 
of  the  Peace  in  and  for  said  county,  at  his  office  therein,  on  the 
20th  day  of  May,  1876; 

Now  if  the  said  plaintiff  in  said  attachment  shall  well  and  truly 
pay  and  satisfy  to  the  said  defendant  all  such  damages  as  he  shall 
sustain,  by  reason  of  the  wrongful  suing  out  of  the  said  attach- 
ment, and  shall  pay  all  costs  which  may  be  awarded  against  the  said 
plaintiff  in  said  suit,  then  the  above  obligation  to  be  void,  otherwise 
to  remain  in  full  force  and  effect.  Maek  Loving,  [seal.] 

A.  Lusk,  [seal.] 

I  apin-ove  the  foregoing  bond,  this  10th  day  of  Ma}',  1876. 

B.  F.  Jones,  J.  P.  [seal.] 


§  1429.]  No.  43.— THE  WRIT. 

The  State  of  Mississirrr, 

To  the  sheriff  or  any  constable  of  Copiah  county.  Greeting: 
Whereas,  Mark  Loving  hath  this  da}'  complained  by  affidavit  be- 
fore me,  tlie  undersigned  Justice  of  the  Peace  for  said  county,  that 
Edward  Reynolds  is  justly  indebted  to  the  said  Mark  Loving  in  the 
sum  of  sixty-five  dollars,  due  by  open  account,  and  oath  having 
been  also  made  before  me  that  the  said  Edward  Reynolds  has  prop- 
erty or  rights  in  action  which  he  conceals,  and  unjustly  refuses  to 
apply  to  the  payment  of  his  debts,  and  bond,  with  security,  having 
been  given  to  me,  pursuant  to  the  statute,  you  are  therefore  hereby 
commanded  to  forthwith  attach  the  estate,  real  and  personal,  of  the 
aforesaid  Edward  Reynolds,  in  your  county,  to  the  full  value  of  said 
demand,  and  the  probable  cost  of  this  proceeding,  and  that  you 
safely  keep  the  property  so  attached  or  levied  upon  in  your  hands, 
unless  replevied  according  to  law,  so  as  to  compel  the  aforesaid 
Edward  Reynolds  to  appear  before  me,  B.  F.  Jones,  a  Justice  of  the 


20  Justice  Forms 

Peace  for  said  county,  at  ni}'  ofljcc  therein,  on  the  20tli  day  of  May, 
1876,  to  answer  unto  the  complaint  of  the  aforesaid  3Iark  Loving, 
and  that  you  summon  tlie  said  defendant,  if  to  be  found  in  your 
county,  to  be  and  appear  before  the  Justice  of  the  Peace  aforesaid, 
on  the  day  named,  then  and  there  to  answer  accordingly;  and  have 
yon  then  there  this  writ,  with  your  proceedings  thereon  endorsed. 

AVitness  my  hand  and  seal,  this  lOtli  day  of  ^lay,  1S7G. 

B.  F.  Jones,  J.  P.   [seal.] 

XoT£. — Garnishment  in  attachinent  cases  issue  at  the  commencement  of 
the  action,  and  if  the  creditor  suggests  any  person  indebted  to,  or  who  has 
property  of  defendant,  the  Justice  will  add  the  following  command  to  the 
Avrit,  after  the  Avord  "  accordingly  :" 

§  1430.]  No.  44.— SUMMONS  OF  GARNISHEP:. 

And  whereas,  it  being  suggested  that  Peter  Bowles  is  indebted  to 
said  defendant,  or  hath  property  of  said  defendant  in  his  hands,  and 
whereas,  it  being  further  suggested  that  Charles  A.  Hamilton  knows 
of  persons  so  indebted  to  said  defendant,  or  who  have  effects  or 
proii^erty  of  the  said  defendant  in  their  hands,  you  are  hereby  fur- 
ther commanded  to  summon  the  said  Peter  Bowles  and  the  said 
Charles  A.  Hamilton  to  be  and  appear  before  said  Justice,  at  the 
time  and  place  aforesaid,  to  answer,  under  oath,  in  writing,  whether 
they  are  indebted,  as  aforesaid,  and  to  what  amount,  or  have  pro- 
perty of  said  defendant  in  their  hands,  or  know  of  any  other  per- 
sons so  indebted  or  who  may  have  property  or  effects  of  said  de- 
fendant in  their  hands  or  possession. 

Note. — In  case  the  plaintiff  desires,  after  the  issuance  of  the  writ  of  at- 
tachment, to  garnishee  other  persons,  the  Justice  may  issue  alias  writs.  See 
Sec.  1432. 


^S  1434,  5  and  6.] 

No.  45.— OFFICER'S  RETURN. 

I  executed  the  within  writ  by  going  upon  the  laud  of  Edward 
Reynolds,  the  defendant,  and  then  and  there  declaring  that,  at  the 
suit  of  Mark  Loving,  plaintiff",  I  attached  the  southeast  quarter  of 
the  northwest  quarter  of  section  ten,  in  township  nine  of  range 
eight  east,  as  the  property  of  said  defendant,  and  delivering  to  said 
defendant,  in  person,  a  true  copy  of  this  writ. 

I  executed  the  within  writ  by  going  to  the  store-house  of  Daniel 
&  Co.,  in  the  town  of  Beauregard  in  said  county,  and,  in  the  pres-^ 
ence  of  the  clerks  and  agents  therein,  declared  that,  at  the  suit  of 
Mark  Loving,  plaintiff",  I'levied  upon  and  attached  the  stock,  share 
or  interest  of  Edward  Reynolds,  defendant,  in  said  store-house  and 
business,  and  delivered  to  said  defendant,  in  person,  a  true  cop}' 
of  the  within  writ. 

I  executed  the  within  writ  b}-' levying  the  same  upon  and  taking 
into  my  possession  one  black  horse-mule  and  one  single  horse 
spring  wagon  as  the  property  of  the  defendant,  and  delivered  to 
said  defendant,  in  person,  a  true  copy  of  this  writ. 

Note.— If  the  property  attached  is  replevied  in  the  hands  of  the  officer. 


bi  Civil  Cases.  -1 

by  the  (lefenclunt  or  other  person  in  whose  liands  the  property  was  found 
Ijefore  the  return  of  the  writ,  the  oihcer  will  add  that  faet  to  his  return  and 
state  that  he  replevied  the  property,  &c.  See  Sees.  14:]5  and  1440.  The 
property  can  be  replevied  after  the  return  of  the  writ  and  before  judgment. 
Before  serving  a  writ  of  attachment,  or  after,  the  officer  may  demand  of 
plaintifl"  a  bond  of  indemnity.     Sec  Sec.  1438. 


§143.).  1 

No.  4G.— REPLEVIN  BOND— TO  HOLD  PROPERTY  SUBJECT 
TO  JUDGMENT. 

Thk  State  of  3Iississipi'i,  Copiah  County.  }^ss. 

Know  all  men  by  these  presents  that  we,  PMward  Reynolds  and 
Samuel  Adams,  are  held  and  firmly  bound  unto  Mark  Loving,  liis 
heirs  and  assigns,  in  the  penal  sum  of  {double  the  value  oj  the  pro- 
perty attached),  for  which  payment  well  and  truly  to  be  made,  we 
bind  ourselves,  our  heirs  and  legal  representatives,  jointly  and  sev- 
erally, firmly  by  these  presents;  signed  with  our  hands,  and  sealed 
with  our  seals  "this  15tli  day  of  May,  187G. 

The  condition  of  the  above  obligation  is  such,  that  whereas,  on 
the  lOtli  day  of  INIay,  1876,  an  attachment  was  issued  by  B.  F. 
Jones,  a  Justice  of  the  Peace  for  said  county,  against  the  estate, 
real  and  personal,  of  Edward  Reynolds,  for  the  recovery  of  a  debt 
of  sixty-five  dollars,  alleged  to  be  due  from  said  Reynolds  to  said 
Loving\  which  said  attachment  is  I'eturnaljle  befoi-e  said  Justice,  at 
his  office  in  said  county,  on  the  20th  day  of  May,  1876;  and  whereas, 
'Thomas  H.  Wheeler,  constable  for  said  county,  hath  levied  said 
attachment  upon  one  black  horse-mule  and  one  spring  w^agon,  val- 
ued at  'true  value)  dollars,  as  the  property  of  said  Reynolds;  and 
whereas,  the  said  Reynolds  desires  to  replevy  the  same:  Now,  there- 
fore, if  the  said  above  bound  Edward  Reynolds  shall  have_^  said  mule 
and  wagon  forthcoming  to  answer  and  abide  the  judgment  of  said 
J ustice"( or  i!/ie  court)  in  this  suit,  or  in  default  thereof,  shall  pay  and 
satisfy  the  said  judgment  to  the  extent  of  the  value  of  said  property 
in  case  of  ?-ecovery  by  said  Loving,  then  this  ol)ligation  to  be  void, 
otherwise  to  remain  in  lull  force  and  effect. 

Edward  Rkynolds,   Fj^eal.] 
Samuel  Adajis,         [seal.] 

I  approve  and  accei)t   the  foregoing  bond,  and    redeliver  the  pro- 
perty, this  loth  of  :May,  1876. 

Thomas  II.  Wheeleh,  Constable. 


^  1440.1 

No.  47.— REPLEVIN  BOND  TO  DISCHARGE  ATTACHMENT. 

The  State  of  Mississippi,  Copiah  County.  Vss. 

Know  all  men  by  these  presents,  that  we,  Edward  Reynolds  and 
Samuel  Adams,  are  held  and  firmly  bound  unto  Mark  Loving,  his 
heirs  and  assigns,  in  the  penal  sum  of  one  hundred  and  thirty  dol- 
lars [tjeing  double  the  amount  claimed),  for  which  payment  well  and 
truly  to  be  made,  we  bind 'ourselves,  our  heirs  an(l  legal  representa- 


22  Justice  Forms 

lives,    jointly  and    .severall3',  firmly   by  these   jiresents,  signed   with 
our  hands  and  sealed  with  our  seals,  tiiis  15lh  day  of  May,  1876. 

The  condition  of  the  above  obligation  is  such,  that  whereas,  an 
attachment  was  issued  bv  B.  F.  Jones,  a  Justice  of  the  Peace  tor 
said  county,  against  tlie  estate  of  the  above  bound  Edward  Re}-- 
nolds,  for  the  recovery  of  a  debt  of  sixty- five  dollars  alleged  to  be 
due  from  said  Reynolds  to  said  Mark  Loving,  which  said  attacliment 
is  returnable  before  said  Justice,  at  his  office  in  said  county,  on  the 
20th  da}^  of  May,  1876;  and  wliereas,  Thomas  H.  Wlieeler,  consta- 
ble for  said  county,  hatli  levied  said  attachment  upon  a  certain  black 
horse-mule  and  a  one  liorse  spring  wagon,  as  the  property  of  said 
defendant;  and  whereas,  the  said  defendant  desires  to  replev}-  the 
said  property  and  to  discharge  the  attachment;  Now,  therefore,  if 
the  said  Edward  Re3'nolds  shall  pay  and  satisfy  any  judgment  which 
may  be  recovered  by  the  plaintiff  in  said  attachment  suit,  with  all 
costs,  then  this  obligation  to  be  void,  otherwise  to  remain  in  full 
force  and  effect.  Edward  Reynolds,  [seal.] 

Samuel  Adams,  [seal.] 

Note. — Any  garnishee  in  whose  hands  property  of  defendant  is  foiind, 
may  replevy  the  same  by  giving  forthcoming  bond,  as  No.  — .  If  the  plain- 
tiff is  not  satisfied  with  any  such  bond  taken  by  the  oificer,  lie  has  his  rem- 
edy.    See  Sec.  1441.     The  two  following  forms  will  be  applicable  in  such 


cases 


^1441.] 

^-o.  4s.— PETITION  OF  PLAINTIFF  IN  ATTACHMENT,  AT- 
TACKING THE  REPLEVIN  BOND. 

MAiiK  Loving  \         In  the  Justice  court  of  B.  F.  Jones, 

vs.  |>  Attachment.  -  for  the  county  of  Copiah,  Miss., 

Edwakd  Reynolds.    )  May  18th,  1876. 

In  the   matter  of  the  reiilevin  bond  of  said  defendant,  approved 
by  Thomas  H.  Wheeler,  constable. 
To  B.  F.  Jones,  Justice  of  the  Peace  for  said  county: 

Your  petitioner,  the  said  i)laintiff  in  the  suit  aforesaid,  would 
respectfully  represent  unto  your  Honor  that  he  is  dissatisfied  with 
the  bond  and  securit}'  given  by  the  said  defendant,  replevying  the 
propert}'  herein  attached,  and  taken  and  approved  by  said  constable, 
and  charges  that  the  same  is  wholly  insufficient  for  the  protection  of 
the  rights  and  interest  of  your  petitioner  in  the  [)remises;  in  this, 
that  the  surety  on  said  bond,  Samuel  Adams,  was  not  justified  as  to 
his  solvency,  &c.,  {o7'  set  forth  all  the  facts  as  in  the  re/>levi/  bond — 
bid  this  is  sufficient);  wherefore,  your  petitionc  prays  that  Thomas 
II,  Wheeler,  constable  as  aforesaid,  may  be  cited,  according  to  the 
statute  in  this  behalf,  to  appear  before  your  Honor  and  show  cause, 
if  he  can,  why  the  said  bond  or  the  security  shall  not  be  adjudged 
insufficient;  and  your  petitioner  will  ever  pray,  &c. 

Mark  Loving. 


§144L]  No.  49. -CITATION  TO  CONSTABLE. 

To  Thomas  H.  Wheeler,  constable  for  the  county  of  Copiah,  and 
State  of  Mississi[)pi : 


In  Civil  Cases.  23 

Whereas,  in  Llie  mnttor  of  the  replevy-  l)on<l  f^iven  by  Edward  Rey- 
nolds, Willi  Saimiel  Adiuiis  as  surety,  and  taken  and  approved  by 
you,  in  the  attachment  suit  by  Mark  Loving  against  the  said  Edward 
Reynolds,  now  pending  before  the  undersigned,  a  Justice  of  the 
Peace  for  said  county,  the  said  Mark  Loving,  i)laintiff,  conceiving 
himself  aggrieved  thereby,  has  prayed  for  and  obtained  citation 
against  you  ;  now,  these  arc  to  command  and  cite  you  to  be  and 
appear  before  the  undersigned  Justice  of  the  Peace  for  said  county, 
at  hisoUice  therein,  on  the  24th  day  of  May,  1876,  and  show  cause, 
if  yon  can,  why  the  said  bond,  or  the  security,  shall  not  be  ad- 
judged insufficient  under  the  penalty  of  the  law  in  this  behalf. 

Witness  my  hand  and  seal  this  ISlh  day  of  May,  1876. 

1>.  F.  Jones,  J.  P.  [seal.] 


§  1455.)        No.  50.— AF^DAVIT— DEBT  NOT  DUE. 

State  ov  Mississippi,  Copiaii  County,  y  ss. 

Personally  appeared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  Mark  Loving,  who,  being  by  me  duly  sworn,  makes 
oath  that  Edward  Reynolds,  on  the  1st  day  of  July,  1876,  will  be 
indebted  to  him  in  the  sum  of  one  hundred  and  twenty-five  dollars, 
as  evidenced  Ijy  his  promissory  note  to  be  due  on  the  date  afore- 
said, with  interest  at  ten  per  cent,  from  maturity;  and  that  he,  the 
said  Loving,  has  just  cause  to  suspect,  and  verily  believes,  that  the 
said  Reynolds  will  remove  himself  or  his  effects  out  of  the  State 
l)efore  the  said  debt  will  become  payable,  with  intent  to  hinder,  de- 
lay or  defraud  his  creditors  (or  that  said  lieynolds  hath  removed, 
with  Wee  intent,  leaving  property  in  this  State);  wherefore  this 
afllant  prays  the  issuance  of  the  writ  of  attachment  against  the  es- 
tate of  said  Edward  Reynolds,  real  and  personal. 

Mark  Loving. 

Sworn  to  and  subscribeil  this  lOtli  dav  of  May,  1876. 

15.  F.  Jones,  J.  P.  (seal.) 


Note.— Before  the  writ  issues  the  plaintiff  must  give  bond  as  in  other 
attachments,  and  the  defendant  may  reply  as  before.  In  case  of  garnishees, 
iudgment  is  stayed  until  the  debt  "falls  due.  The  property  attached,  after 
judgment,  will  be  sold  on  a  credit  to  the  maturity  of  the  claim,  the  purcha- 
ser giving  bond,  payable  to  plaintiff,  for  full  amount  of  judgment,  interest 
and  costs.  If  property  brings  more  than  the  demand  and  costs  of  plaintiff, 
the  officer  must  take  bond  for  the  residue,  payal>le  to  defendant,  from  the 
purchaser. 


S1455.]  No.   51.— BOND  OF  PURCHASER. 

State  of  Mississippi,  Copiah  County.  )■  ss. 

Know  all  men  by  these  presents,  that  we,  Elias  Rowan  and  Adam 
Crane  are  held  and  firmly  bound  unto  Edward  Reynolds,  and  to  his 
legal  representatives,  in  "the  penal  sum  of  one  hundred  and  thirty- 
seven  dollars  and  fifty  cents,  which  payment  well  and  truly  to  be 
-made  we  bind  ourselves,  our  heirs  and  legal  rei)resentatives,  jointly 


24  Justice  Forms 

and  severall}^  lirmly  by  these  presents,  signed  with  our  hands  and- 
sealed  with  our  seals,  this  10th  day  of  June,  1876. 

The  condition  of  the  above  obligation  is  such,  that  whereas,  at  an 
execution  sale,  on  a  judgment  against  Edward  Reynolds,  in  an 
attachment  case,  rendered  on  the  20th  day  of  May,  1876,  by  B.  F. 
Jones,  a  Justice  of  the  Peace  for  said  county,  in  favor  of  ]\rark 
Loving,  for  the  sum  of  one  hundred  and  twenty  doll'ars,  for  a  debt, 
not  due,  but  to  fall  due  on  the  1st  day  of  July,  1876,  and  twelve 
dollars  and  fifty  cents,  costs  of  suit ;  and  whereas,  the  above  bound 
Elias  Rowan  l)ecame  the  purchaser,  at  said  sale,  of  a  black-horse 
mule  for  the  sum  of  one  hundred  and  thirty-seven  dollars  and  lifty 
cents,  payable  on  the  said  1st  day  of  July,  1876,  the  same  being 
sufficient  to  pay  and  satisfy  said  judgment  and  costs  of  suit;  Now, 
therefore,  if  the  said  Elias  Rowan  shall  fully  pay  and  satisfy  the 
debt  aforesaid,  at  the  maturity  thereof,  and  the  costs  aforesaid,  then 
this  obligation  to  be  void,  otherwise  to  remain  in  full  virtue,  and 
have  the°force  and  effect  of  a  judgment  of  a  court  of  record,  pur- 
suant to  the  statute  in  that  behalf. 

Elias  KoWax,  [seal.  ] 
Adam  Crane,  [seal.] 

^s^OTE. — Claimant's  issue  in  attachment  is  governed  by  the  same  rules  as 
the  claim  of  third  party  under  execution.     See  Sees.  1456  and  1457. 

Note.— The  grounds  stated  in  the  affidavit  for  attachment  may  be  con- 
troverted.    See  Sees.  1459  to  14G4. 


§1459.)  No.  52.— PLEA  IN  ABATEMENT. 

Mark  Loving  ~)        Before  B.  F.  Jones,  Justice, 

vs.  )>  Attachment.  V  May  20th,  1876. 

Edward  Revnolds.  ) 

This  day"  comes  the  defendant  in  the  above  stated  case,  and  files 
this  his  plea  in  abatement,  and  for  plea  in  this  behalf  says  that  he 
has  not,  as  plaintiff  charges,  property  or  rights  in  action  which  he 
co-nceals,  and  unjustly  refuses  to  apply  to  the  payment  of  his  debts; 
and  of  th's  he  puts  himself  upon  the  country. 

Edward  Reynolds. 
Sworn  to  and  subscribed   before  me,  this   20th  day  of  May,  1876.. 

B.  F.  Jones,  J.  P.  (seal.) 


g  1462.)  No.    53. -NOTICE  TO  PLAINTIFF 

Mark  Loving  )  Before  B.  F.  Jones,  Justice, 

vs.  [^Attachment.-  ^lay  20th,  1876. 

Edward  Reynolds.  ) 

To  Mark  Loving,  defendant  in  the  above  stated  case,  or  to  - 

,  his  attorney  of  record: 

You  will  take  this  as  notice  that  1  will,  upon  the  trial  of  this 
issue,  insist  and  offer  in  evidence  the  following,  as  special  damages 
to  ine   in  this  case,  to-wit:  lawyer's  fee,  ten   dollars;  traveling  ex-- 


In  Civil  Cases.  25 

pcnses   and   hotel   bills,   twenty-five   dollars;  special    injuiy   to    iny 
business  in  detention  and  loss  of  credit,  one  luindred  dollar?. 

EuwAUD  Reynolus, 
By  A.  B.,  his  Attorney. 

]sjoiE. — When  a  ])loa  in  abatement  is  fded,  this  issue  must  be  first  trie'l. 
If  the  defendant  gains,  the  whole  attachment  is  at  anend;  if  lie  loses,  the 
Justice  tlicn  proceeds  to  try  the  attachment  on  its  merits. 


3  1467  and  8 

No.  54.— pp:rishable  goods,    oath  and  certificatp: 

OF    HOUSEHOLDERS. 
State  of  Mississirj'i,  Copiah  County.  )-ss. 

This  day,  I,  Thomas  H.  Wheeler,  constable  for  said  county,  sum- 
moned before  me  Edward  Cotton,  John  Cason  and  PLlbert  Dunbar, 
householders  of  said  county,  who  being  by  me  lirst  duly  sworn  to 
examine  the  goods  and  chattels  presented  to  them,  seized  by  me 
under  and  by,  virtue  of  a  writ  of  attachment,  and  believed  to  be  in 
danger  of  immediate  waste  and  decay,  do,  under  their  oaths,  say: 
We,  the  undersigned,  do  hereby  certify  that  having  fuUv  and  care- 
fully examined  the  goods  this  day  exhibited  to  us  by  Thomas  H.^ 
Wheeler,  constable,  tind  the  same  to  be  perishable  and  in  danger  of 
immediate  waste  and  decay.  Edward  Cotton, 

John  Cason, 
Eli'.ickt  Dunijar. 
Sworn  to  and  sul)scribed  this  15111  day  of  JNIay,  1876. 

Thomas  H.  Wheeler,  Constable. 


§1472.)       No.  55.— AFFIDAVIT— NON-RESIDENT. 

State  of  Mississirrr,  Copiah  County.  ):- ss. 

Personally  appeared  before  the  undersigned,  a  Justice  of  the  Peace 
for  said  county,  ^Mark  Loving,  who  being  by  me  duly  sworn,  made 
oath  that  Edward  Reynolds,  against  whose  estate  a  writ  of  attach- 
ment was  issued,  and  certain  property  seized  by  virtue  thereof,  has 
not  been  found  and  summoned  to  answer  to  said  attachment;  that 
said  alfiant  has  been  informed,  and  verily  believes  the  fact  to  be, 
that  said  Reynolds  is  not  within  the  State;  but  that  said  Reynolds 
is  now  supposed  to  be  at  Frost  Station,  a  postoHice  in  the  State  of 
Tennessee  {if  the  2^^«ce  is  unlaioivn.say,  ''  and  affiant  hath  no  i»for- 
mation  of  the  place  of  residence  of  the  said  lieyvoldK.'") 

^Fakk  Lovixo. 

Sworn  to  and  subscribed  this  15tli  dav  of  3Iay,  1876. 

B.  F.Jones,  J.  P.  (seal.) 

Note.— If  the  defendant  is  attached  as  a  non-resident,  this  affidavit  must 
be  filed  when  attachment  issues;  and  then  only  state  that  defendant  is  in  a 
certain  State,  and  the  place,  if  you  know,  as  above.^  Publication  must  _be 
made  by  notices  nosted  in  three  public  places.  See  Sec.  1473,  and  ActslS/O, 
p.   78. 


26  Justice  Forms 

§  1473.)  No.  56.— ATTACHMENT  NOTICE. 

(To  be  published.) 
State  of  Mississippi,  Copiah  Countv.  Jss. 
3Iark  Loving,  ^ 

vs.  ^  Attachraent  for  $12').  )■ 
Edward  Reynolds.  j 

An  aUachmeut  having  been  issued  in  the  above  stated  case 
against  the  estate  of  said  Edward  Reynolds,  at  the  suit  of  said 
plaintiff,  returnable  before  B.  F.  Jones,  a  Justice  of  the  Peace,  hold- 
ing Lis  court  at  Beauregard,  in  said  county,  on  the  20th  da'v  of 
May,  1876. 

Now,  the  said  defendant  is  hereby  cited  to  be  and  appear  before 
said  Justice,  at  Beauregard,  in  said  county,  on  the  22d  day  of  June, 
1876,  and  plead  to  the  case;  in  default  of  which  appearance  judg- 
ment by  default  shall  be  rendered  against  him,  and  the  property 
sold  and  the  effects  applied  to  the  payment  of  plaintiff's  claim. 

Witness  m^-  hand  and  seal  this  20th  day  of  Ma}',  1§76. 

B.  F.  Jones,  J.  P.  (seal.) 

Note. — This  notice  must  be  published  four  times  in  some  paper  in  the 
county,  and  a  copy  must  be  mailed,  postage  paid,  to  the  defendant,  by  the 
Justice,  if  the  postoffice  is  known.  The  Justice  makes  atRdavit  of  that 
fact  as  follows:  See  Sec.  1475. 


§1475.)  No.  57.— AFFIDAVIT  OF  JUSTICE. 

State  of  jMississippi,  Copiah  County.  J-ss. 

Personally  appeared  before  the  undersigned,  a  Justice  of  the 
Peace  for  said  county,  {or  cleric  or  judge,  d'-c, )  B.  F.  Jones,  a  Jus- 
tice of  the  Peace,  who,  being  by  me  duly  sworn,  made  oath  that,  on 
the  20th  day  of  May,  1876,  at  the  town  of  Beauregard,  in  said 
county,  he  mailed,  postage  paid,  to  Edward  Reynolds,  at  Frost  Sta- 
tion, Tennessee,  a  publisiied  (or  wn'tten)  notice  of  the  pendency  of 
an  attachment  against  him  at  the  suit  of  Mark  Loving,  in  pursuance 
of  the  statute  in  that  behalf. 

B.   F.  Jones,  J.  P. 

Sworn  to  and  subscribed  this  25th  day  of  May,  1876, 

JOSIAH  HeSTEK,  J,   P.   (seal.) 

Note. — If  the  defendant  does  not  appear,  the  Justice  will  enter  up  judg- 
ment by  default  on  proof  of  publication  only.  If  published  in  a  paper,  the 
affidavit  of  the  printer ;  if  posted,  on  the  affidavit  of  the  constable  or 
plaintiff  who  stuck  up  the  notices,  and  coj^v  of  notice  filed  with  the  papers 
in  the  case. 


§  1477.)  No.  58.— PROOF  OF  PUBLICATION. 

State  of  oMississippi,  Copiah  County,  ^ss. 

Personally  appeared  before  the  undersigned,  a  Justice  of  the 
Peace  for  said  county,  D.  W.  Jones,  publisher  of  a  newspaper 
printed  and  published  in  said  county,  in  the  town  of  Hazlehurst, 
called  the  Coidah  Herald,  who,  being  by  me  duly  sworn,  made  oath 


///  Civil  Cases.  27 

tliat  the  publiciUiou  of  ;i  cfrtuin  notice,  a  true  copy  of  which  is 
Jiei'oto  iittaclicd,  lias  l)ecii  iiuuUi  in  said  paper  {ipr  toui-  consecutive 
weeks,  to -wit: 

Vol.  3,  No.  20,  dated  iMav  15th,  1870. 

Vol.  3,  No.  21,  dated  lAIav  22d,  1870. 

Vol.  ;},  No.  22,  dated  May  2!)tli,  1870. 

Vol.  :>.  No.  23,  dated  June  5th,  1870. 

And  1  liei'eby  certify  that  the  several  numbers  of  the  nevv.spapers 
containinir  the  notice  hereto  attacluul,  have  been  Ijefore  ine  exliib- 
itcd  and  examined,  and  I  find  the  iiublicatioii  thereof  to  have  been 
I'orrectly  made  and  as  stated.  1).  W .  Jokks. 

Sworn  to  and  subscribed  tliis  10th  (hiy  of  June,  1870. 

A.  Lowe,  J.  P.  (seal.) 

NoTK — On  this  proof  Judgment  will  be  entered  by  default  and  the  pro- 
perty attached  ordered  sold;  but  must  not  be  so  sold  without  the  giving  of 
the  following  bond  by  plaintiff",  before  execution. 


JjUTD.) 

No.  59.— bond  in  JUDGMENT  liY  DEFAULT. 

State  of  Mississippi,  Copiah  County.  J>ss. 

Know  all  men  by  these  presents,  that  we,  Mark  Loving  and  An- 
drew Lusk,  are  held  and  firmly  bound  unto  Edward  Reynolds,  and 
to  his  legal  repj-esentatives,  in  the  penal  sum  of  three  hundred  dol- 
lars, for  which  payment  well  and  truly  to  be  made,  we  bind  our- 
selves, our  heirs  and  legal  representatives,  jointly  and  severally, 
firmly  by  these  presents,  signed  with  our  names  and  sealed  witii  our 
seals,  this  22d  da}^  of  June,  1876. 

The  condition  of  the  above  ol)ligation  is  such,  that  whereas, 
the  aliove  l)ound  INIark  Loving,  on  the  22d  day  of  June,  187G,  ob- 
tained a  judgment  by  default  u|)on  proof  of  publication  only,  against 
the  said  Edward  Re^ynolds,  before  li.  F.  Jones,  a  Justice  of  the 
Peace  for  said  county,  in  a  certain  attachment  suit  against  the  estate 
of  the  said  Re3'nolds,  for  the  sum  of  one  hundred  and  twenty-tive 
dollars,  as  also  costs  of  suit;  and  whereas,  execution  has  been  issued 
thereon,  and  levied  upon  a  certain  black  horse-mule  and  spring- 
wagon,  the  property  of  said  Reynolds;  and  whereas,  Thomas  H. 
Wheeler,  constable  for  said  count}',  is  about  to  sell  said  mule  and 
wagon,  and  as  the  law  I'equires,  that  before  the  making  of  such  sale 
the  plaintiff  shall  give  bond;  Now,  therefore,  if  the  said  defendant. 
Edward  Reynolds,  shall,  within  a  year  and  a  day  next  following  the 
execution  hereof,  come  into  court  and  disprove  or  avoid  the  debt 
recovered  by  the  plaintiff  against  iiira,  and  thereupon  the  said  plain- 
tiff, Mark  Loving,  shall  restore  to  the  said  defendant  the  money  he 
may  have  received  toward  the  satisfaction  of  his  demand,  or  so  much 
thereof  as  shall  be  disproved  or  avoided,  then  this  obligation  to  be 
void,  otherwise  to  remain  in  full  force  and  effect. 

iNLvKK  LoviN(;,     (seal.) 
A.   Lusk,  (seal.) 

Bond  and  securit\-  approved,  this  22d  dav  of  June,  1870. 

B.  V.  Jones,  J.  P.   (skal  ) 


28  Justice  Forms 

XoTE. — If  the  plaintiff,  in  cases  of  judgment  on  proof  of  publication  only, 
does  not  come  ibrwarAand  give  the  foregoing  bond,  it  is  the  duty  of  the  offi- 
cer holding  the  property  to  notify  him  in  writing  to  do  so.     See  sec.  1480. 

R  E  ^I  E  D  Y     BY     REPLEVIN. 

§§1528-9.)  No.  60.— AFFIDAVIT. 

State  of  Mississiprr,  Claiborne  County.  ^  ss. 

Personally  appeared  before  the  undersigned,  a  Justice  of  the 
Peace  for  said  county,  Edward  Stiles,  who  being  by  me  duly  swore, 
made  oath  that  Benjamin  F.  Booth  wrongfully  took  and  detains  {or 
wron'qf  idly  detains)  from  him  the  possession  of  a  certain  sorrel  mare 
mule,  called  Kate,  of  the  value  of  one  hundred  and  twenty  dollars; 
that  this  affiant  is  legally  entitled  to  the  immediate  possession  of 
the  same,  and  affiant's  right  (^f  action  in  the  premises  has  accrued 
within  one  year.  Edavard  Stiles. 

Sworn  to  and  subscribed,  this  10th  day  of  Jul}-,  1876. 

Geo.  Page,  J.  P.   (seal.) 


§1530,1531.)  No.  GL— WRIT. 

The  State  of  ^Mississippi, 

To  the  sheriff  or  any  constable  of  Claiborne  county,  Greeting: 

We  command  you  to  "^take  into  your  possession  and  custody  a 
certain  sorrel  mare  mule,  called  Kate,  now  in  the  possession  of 
Benjamin  F.  Booth,  and  unlawfully  detained  by  him  from  the  posses-^ 
sion  of  Edward  Stiles,  as  we  have  been  informed  by  the  affidavit  of 
said  Stiles,  filed  with  us  this  10th  day  of  July,  1876;  and  that  you 
deliver  the  said  mule  to  said  Stiles,  plaintiff",  upon  his  entering  into 
bond  according  to  the  statute  in  this  behalf,  with  sufficient  security, 
in  double  the  value  of  said  property,  to  be  ascertained  t)y  you,  con- 
ditioned according  to  law,  unless  the  said  Booth,  defendant,  shall 
enter  into  bond,  with  sufficient  security,  in  like  penalty,  payable  to 
said  plaintiff;  within  two  days  from  the  seizure  of  said  property, 
conditioned  according  to  law. 

You  are  further  commanded  to  summon  the  said  Bootli,  to  be 
and  appear  before  the  undersigned,  Justice  of  the  Peace  for  said 
county,  at  his  office  therein,  on  the  20th  day  of  July,  1876,  then  and 
there  to  answer  to  this  action  of  replevin.  To  tlie  damages  of  said 
plaintiff"  one  hundred  and  fifty  dollars. 

Witness  mv  hand  and  seal,  "this  10th  day  of  July,  1876. 

Geo.  Page,  J.  p.  (seal.) 


§§  1530,  1531.  No.  02.— BOND. 

State  of  Mississippi,  Claiborne  County,  ^-ss. 

Know  all  men  by  these  presents,  tiiat  we,  Edward  Stiles  and  Wil- 
liam Morris,  are  held  and  firmly  bound  unto  Benjamin  F.  Booth, 
his  assigns  and  legal  representatives,  in  the  penal  sum  of  two  hun- 


///.  Civil  Cases.  29 

drcd  and  foity  dollars,  for  which  payment  well  and  truly  to  l)oniade, 
we  bind  ourselves,  our  heirs  and  le(.^al  representatives,  jointly  and 
severally,  lirmly  by  these  iM'esents,  signed  with  our  hands  and  scaled 
with  our  seals,  this  14th  day  of  July.  187G. 

The  condition  of  the  above  obligation  is  such,  that  whereas,  the 
said  P^dward  Stiles,  plaintiff,  hatii,  on  tlic  10th  day  of  Julv,  ISTt", 
prayed  a  writ  <d'  leplevin,  at  the  .-uiL  ol'  hiuiself,  against  certain 
property  in  the  possession  of  Benjamin  F.  Booth,  defendant,  to-wit: 
one  sorrel  mare  mule,  called  Kate,  and  hath  obtained  the  same, 
returnable  before  George  Page,  a  Justice  of  the  Peace  for  said 
county,  at  his  ofllce  therein,  on  the  20th  day  of  July,  1876;  and 
whereas,  Columbus  Hall,  constable  for  said  count}',  hath  seized  and 
taken  into  his  custody  said  mule,  and  valued  the  same  at  one  hun- 
dred and  twenty  dollars;  Now,  therefore,  if  said  plaintift'  shall  pros- 
ecute the  said  writ  with  elfect,  or  in  default  of  wdiich,  witliout  delay 
make  return  of  the  said  mule  to  the  said  defendant,  if  return  thereof 
be  adjudged,  and  pay  the  said  defendant  such  damages  as  he  may 
sustain  by  the  wrongful  suing  out  of  said  writ,  and  also  such  costs 
as  ma\'  be  awarded  against  him,  and  save  liarraless  the  said  consta- 
ble for  replevying  the  said  mule,  then  this  obligation  to  be  void, 
otherwise  to  remain  in  full  force  and  effect. 

Edward  Stiles,    (seal.) 
William  Morris,  (seal.) 


^^  1531.)  No.   63.— DEFENDANT'S  BOND. 

Note. — If  the  defendant  gives  bond  within  the  two  days  after  seizure,  it 
will  be  as  plaintiff's  bond,  but  concluding  as  follows: 

Now,  therefore,  if  said  defendant  shall  have  said  mule  forthcom- 
ing to  satisfy  the  judgment  of  the  court,  then  this  obligaliou  to  be 
void,  otherwise  to  remain  in  full  force  and  effect. 

Note. — In  trials  of  writs  of  attachment  and  replevin,  it  is  always  safe, 
and  the  best  practice,  to  have  a  jury.  For  the  entering;  up  of  judgment  and 
issuing  execution,  examine  carefully  sections  15o3,  1534  and  1535.  There  is 
a  constitutional  question  whether  replevin  is  within  the  jurisdiction  of  a 
Justice  of  the  Peace. 


UNLAWFUL      ENTRY     AND     D  E  TAIN  E  Pv . 

§1583.  No.  G4.— COMPLAINT. 

State  op  Mississippi,  Claiborne  County,  }ss. 

James  S.  Mason,  of  the  said  county,  complains  that  Sidiieyham 
Hawkins  unlawfully  Avithholds  from  him  the  jfossession  of  a  certain 
tenement,  being  the  east  half  of  the  south-east  (luarter  of  section 
four  in  township  twelve  of  range  three  east,  containing  by  estima- 
tion eighty  acres  of  land,  with  the  appurtenances,  lying  and  being 
in  the  county  aforesaid,  whereof  he  prays  restitution  of  the  posses- 
sion. "  James  S.  Mason,  Plaintiff. 


30  Justice  Forms 

State  of  Mississippi,  Claiborne  County.  ^To-wit: 

This  daj^  the  above  named  James  S.  Mason  made  oath   before  me, 
a  Justice  of  the  Peace  for  said  county,  that  he  verily  believes  the 
alleo-ations  of  the  above  complaint  to  be  correct  and  true. 
Given  under  mv  hand,  this  10th  dav  of  December,  1876. 

T.  J.  Smith,  J.  P. 

Note. — The  foregoing  is  the  proper  form  in  case  a  tenant,  or  other  person, 
refuses  to  deliver  possession  ;  or  in  case  of  merchants  or  others  holding  deeds 
of  trust  and  mortgages  on  land,  and  the  party  in  possession  refusing  lo  de- 
liver, outside  of  towns  or  cities.     The  following  will  do  for  corporations: 

^  1583.)  COMPLAINT  NO.  2. 

State  of  Mississippi,  Corporation  of  Pout  Gibson.  JTo-wit: 

James  Selman,  of  the  said  corporation,  complains  that  Johu- Byrd 
hath  nnlawfully  turned  him  out  of  possession  {or  unlawfully  witli- 
holds  from  hiiri  the  possession)  of  a  certain  tenement,  to-wit:  being 
a  frame  house  on  lot  one  in  square  six,  containing,  by  estimation, 
one-quarter  of  an  acre  of  land,  with  the  appurtenances,  lying  and 
being  on  Cherry  street  in  the  corporation  aforesaid,  whereof  he 
prays  restitution  of  the  possession. 

James  Selman,  Plaintiff. 

State  uf  Mississippi,  Corporation  of  Port  Gibson.  J- To-wit. 

This  day  the  above  named  James  Selman  made  oath  before  me, 
a  Justice  of  the  Peace  for  said  corporation,  that  he  verily  believe.^ 
the  allegations  of  the  above  complaint  to  be  correct  and  true. 

Given  under  my  hand  this  10th  day  of  November,  1S7G. 

T.  J.  Smith,  J.  P.  (seal.) 

§1584.)  No.  G6.— WARRANT. 

State  of  Mississippi,  County  of  Claiborne.  ^ To- wit: 

To  the  sherifi'  or  any  constable  of  said  county,  greeting: 

Whereas,  James  S.  Mason  hath  made  complaint,  on  oath,  before 
me,  a  Justice  of  the  Peace  for  said  county,  that  Sydneham  Haw- 
kins unlawfully,  and  against  his  consent,  holds  him  out  of  posses- 
sion of  a  certain  tenement  and  eighty  acres  of  land,  with  its  ap- 
purtenances described  in  said  complaint,  lying  and  being  in  said 
county,  and  hath  prayed  restitution  of  the  possession  thereof;  these 
are,  therefore,  in  the  name  of  the  State  of  Mississippi,  to  require 
you  to  summon  the  said  -Sydneham  Hawkins  to  appear  at  my 
office,  in  the  town  of  Port  Gibson,  in  said  county,  on  the  20th  day 
of  December,  1876,  before  the  Justices  of  the  county  aforesaid,  to 
answer  to  the  complaint  aforesaid,  and,  also,  require  you  to  give 
notice  of  this  warrant  to  two  other  Justices  of  the  Peace  for  the 
said  county,  and  to  request  their  attendance  at  the  time  and  place 
aforesaid;  and  have  then  there  this  warrant. 

Witness  my  hand  and  seal  this  10th  day  of  December.  1876. 

t!  J.  Smith,  J.  P.  (seal.) 

Note. — Change  the  warrant  to  suit  the  allegations  of  the  complaint. 


Ill  Civil  Cases.  31 

§§  1585,  15SG.)         No.  07.  KETCEN  OF  OFFICKR. 

Executed  tho  within  writ  by  delivering  to  Sydneliam  llawlvius,  in 
person,  a  true  copy  thereof;  and,  also,  true  copies  of  the  same,  in 
person,  each,  to  William  Hutchinson  and  Spooner  Forbes,  Justices 
of  the  Peace  for  said  county. 

1j.  'J'homas  Bland,  Sheriff. 


jj§  1590,  1591.)       No.  68.— JUDGMENT— No.  1. 

This  day  came  the  parties  in  person,  and  b3'  their  attorneys,  and 
the  testimony  being  submitted  and  all  the  evidence  in  the  case 
heard  and  duly  considered,  it  is,  by  the  court,  ordered,  adjudged 
and  decreed  that  James  S.  Mason,  plaintiff,  do  have  and  I'ecover  ot 
and  from  Sydncham  Hawkins,  defendant,  tlie  possession  of  the  ten- 
ement, in  said  plaintiff's  complaint  described,  with  full  costs  in  ttiis 
behalf  expended;  and  the  writ  of  habere  facias  possesaionem  is 
hereby  awarded.  And  it  is  further  considered  by  the  court  and  ad- 
judged  that  the  said  plaintiff  do  have  and  recover  of  and  from  said 
"defendant  the  sum  of  twenty  live  dollars,  compensation  for  the  use 
and  occupation  of  said  tenement,  for  which  execution  ma}-  issue. 

Adjudged  this  20th  day  of  December,  1876. 

T.  J.  Smith,  J.  P. 


!^  1592.)  No,  09.— JUDGMENT— No.  2. 

This  day  came  the  parties  in  said  action,  in  person,  and  by  attor- 
neys, and  the  testimony  and  all  the  evidence  in  the  case  heard,  it  is, 
by  the  court,  considered  that  the  complaint,  filed  hy  the  plaintiff 
herein,  be  dismissed,  and  that  the  said  defendant  recover  of  said 
plaintiff  full  costs  in  this  behalf;  for  which  execution  may  issue. 

Adjudged  this  20th  day  of  December,  1876. 

T.  J.  Smith,  J.  P. 


^1591.)  No.  70.— WRIT  OF  POSSESSION. 

State  OF  Mississippi,  Claiborne  County.  J>ss, 

To  the  sheriff  or  any  constable  of  said  county,  greeting: 
Whereas,    Sydneham    Hawkins,   unlawfully   withholds    from    the 
possession  of  Jaraes  S.  Mason  {or,  if  a  tenant  icronr/fuUi/  Jiolds  over 
.from  his  landlord,  or,  if  'plaintiff  has  been  unlaiofuUi/  turned  out  of 
jjossession,  saij  so,)  certain   ])remises,   to-wit:    the  east  half  of  tho 
southeast  quarter  of  section  four  in  township  twelve  of  range  three 
east,  containing  eighty  acres  of  land,  by  estimation,  with  the   ap- 
purtenances, lying  and  being  in  said  county,  as  appears  to  us  b\- 
the  record  of  the  undersigned  Justice  of  the  Peace  for  said  count}-; 
we,  therefore,  command  you  to  remove  the  said  Hawkins  from  the 
aforesaid  premises,  as  well  as  all  other  persons  who  may  be  wrong- 
full}^  therein  or  thereon,  and  to  put  the  said  James  S.  j\[ason  in  full 
and  complete  possession  thereof;  and  that  of  the  goods  and  chattels 
of  said  defendant  vou  cause  to  be  made  the  sum  of dollars, 


OZ 


Justice  FoTins 


cost  of  this  suit,  so  that  3-011  have  tlic  same  with  this  writ,  with  your 
proceedings  theroon  endorsed,  before  me. 

Witness  my  liand  and  seal  this  26th  (hiy  of  Decemher,  ISTG. 

T.  J.    SlNIITH.  J.  r.   (seal.) 


g  1595.)  N(>.  71.— APPEAL  BO.ND. 

IState  of  Mississippi,  Claiborne  County,  }-ss. 

Know  all  men  by  these  presents  that  we,  Sydneham  Hawkins  and 
Mack  D.  Sims,  our  heirs  and  legal  representatives,  are  held  and 
firmly  bound  unto  James  S.  Mason,  his  heirs  and  legal  representa- 
tives, in  the  penal  sum  of  two  hundred  and  fifty  dollars,  {being 
double  the  tihiount  compensation  or  rent  obtained,  beside  the  2^enalty 
required  in  other  cases,)  for  which  payment,  well  and  truly  to  be 
made,  we  bind  ourselves,  our  heirs  and  legal  representatives,  jointly 
and  severally,  firmly  by  these  presents;  signed  with  our  names  and 
sealed  with  our  seals  this  26th  day  of  December,  1876. 

The  condition  of  the  above  obligation  is  such  that,  whereas,  on 
the  10th  day  of  December,  1876,  a  claim  was  filed  against  the  above 
bound,  Sydneham  Hawkins,  by  James  S.  Mason,  alleging  that  said 
Hawkins'unlawfully  withheld  from  the  possession  of  said  Mason 
certain  premises  therein  described;  and,  whereas  on  the  20th  day  of 
December,  1876,  a  writ  of  possession  was  issued  ousting  from  said 
premises  the  said  Hawkins,  as,  also,  judgment  for  costs  and  the 
sum  of  twenty-five  dollars  compensation  for  use  and  occupation 
of  said  premises;  and,  whereas,  said  Hawkins  has  prayed  an  appeal 
to  the  next  regular  term  of  the  circuit  court  of  said  county,  and 
made  the  necessary  afifidavit  to  obtain  the  same;  now,  therefore,  if 
the  said  Sydneham  Hawkins  shall  stand  and  abide  by  the  judgment 
of  the  circuit  court  in  this  behalf,  and  shall,  also,  well  and  truly  pay, 
satisfy  and  discharge  such  sums  as  may  be  adjudged  against  him 
in  the  circuit  court  for  arrears  of  rent  or  damages,  for  the  use  and 
occupation  of  the  property  in  controversy,  beside  costs  of  suit,  then 
this  obligation  to  be  void;  otherwise  to  remain  in  full  force  and 
etfect.  Sydneham  Hawkins,  (seal.) 

MackD.  Sims,  (seal.) 

XoTE. — The  appeal  does  not  stop  the  execution  of  the  writ.  This  whole 
proceeding  is  summary,  for  the  protection  of  lat\dlords  whose  tenants  hold 
over  agaiifst  thein,  and  against  landlords  who  unlawfully  turn  out  tenants  ; 
for  merchants  and  others  who  hold  deeds  of  trust  against  those  who  Avill 
not  deliver  the  lands,  after  default  made,  to  the  trustees,  &c.  It  is  very 
doubtful  Avhether  the  court  established  by  this  statute  is  constitutional  in 
all  its  latitude,  while  I  heartily  approve  these  summary  remedies.  The 
object  of  all  law  should  be  to  avoid  litigation;  and,  if  once  commenced,  to 
shorten  all  actions.     In  this  day  we  want  no  Jaundice  vs.  Jaundice. 


i<  1603.)  M  E  C  H  A  N  I  C  '  S      L  I  E  ^^ 

This  statute  has  become  not  only  the  protection  for  large  contractors  and 
master  builders,  but  equally  so  fo/tlie  simplest  laborer  upon  any  character 


In  Civil  Cases.  -^S 

■of  improvement  on  any  land  or  lot  of  ground.  And  as  it  is  cognizable 
before  a  Justice  of  the  Peace  to  the  amount  of  $150,  it  is  really  the  laborer's 
law. 

.^IfiO;].)  No.  72— PETITION. 

Statk  of  iStississipin,  Hinds 'County.  J>  ss. 

To  the  Honorable  W.  L.  Smylie,  a  Justice  of  the   Peace  for  suid 
county : 

Your  petitioner,  tlie  undersigned,  Carl  Shaifer,  would  respectfully 
show  unto  your  Honor,  that  on  or  uljoui  the  3d  day  of  jNIarch,  1876, 
one  Henry  McBrido,  resident  in  said  count\-,  employed,  by  verbal 
contract,  your  i)etitioner,  to  build  and  erect  upon  his  farm,  in  said 
county,  on  which  the  said  McBride  now  resides,  and  more  particu- 
larly described  as  the  east  half  of  the  southeast  quarter  of  section 
nine,  in  township  eight  of  range  four  east,  a  garden  fence  (or  a  hen 
house,  or  2^i'J  house,  or  crib  or  stable,  or  any  other  iviprovemcnt,  or 
the  materials  therefor)  of  the  dimensions  and  st^de,  to-\vit:  one  hun- 
dred and  sixty  feet  front  by  two  hundred  and  forty  feet  deep,  being 
the  panels  on  the  front,  near  the  public  road,  east  of  said  residence, 
ten  panels  in  the  rear  and  fifteen  on  each  side,  making,  in  all,  tlft}' 
l)anels  of  fence,  said  panels  being  sixteen  feet  each;  and  in  conside- 
ration of  said  work  and  improvement  to  be  done  by  joav  petitioner, 
from  materials  furnished  to  hand  b^y  said  McBride,  your  petitioner 
was  to  receive  Ironi  said  McBride,  and  he  so  agreed  and  promised 
at  the  time,  the  sum  of  titt^^  cents  per  panel,  making  in  all  the  sum  of 
twenty-live  dollars,  to  be  paid  on  the  completion  of  said  fence.  And 
your  petitioner  would  further  show  that  he  did  said  work  and 
erected  upon  said  land  said  fence,  in  a  substantial  and  workmanlike 
manner,  according  to  agreement,  completing  the  same  in  the  time 
given  and' agreed  upon,  but  that  said  McBride  failed  to  pay  3'our 
l)etitioner  as  aforesaid,  and  still  fails  and  refuses  to  pay;  Wherefore, 
your  petitioner  pra3-s  the  benefit  of  the  Act  in  relation  to  lien  of 
mechanics  in  his  behalf,  and  that  the  said  Henry  McBride  be  sum- 
moned to  appear  before  your  Honor  to  answer  and  defend  this 
action;  and  that  all  persons  having  an  interest  in  the  controversy, 
and  all  persons  claiming  liens  ©ji  the  same  property,  if  any  there  be, 
by  virtue  of  the  statute  in  this  behalf,  be  made  parties  to  this  suit, 
and  be  summoned  to  answer  herein. 
And  your  petitioner  will  ever  pray,  &c. 

Carl  Siiaifki;,  Piaintilu 
Sworn  to  and  subscri!)ed  before  me,  this  3d  dav  of  duly,  1876. 

W.  L.  Smylie,  J.  P. 


1^1000.)  No.   73.— BILL  UF  PARTICULARS. 

Note. — Unless  the  contract  ba  in  writing,  an  account  stated,  or  bill  of 
particulars,  must  be  filed  with  the  petition  ;  if  a  contract  in  writing  exists, 
then  file  the  contract  with  the  petition. 

3 


31  Justice  Forms 

Henry  McBride                        To  Carl  Shaifcr,  Dr. 

31arch25th,  1S76. 
To  putting   up   fift}'  panels  of  picket   fence,  from   materials 
furnished   by  you,  on  your  farm  In  Hinds  county,   from 
March  3d  to  March  25th,  1876,  at  50c.  for  each  paiiel S25  00 

This  was  a  garden  fence,  witli  sawed  posts  4x6x7  feet  long,  put 
in  the  ground  two  feet  deep,  with  railing  nailed  to  the  top  and  bot- 
tom of  posts,  1^x3x16  feet  long;  posts  set  every  eight  feet,  and 
pickets  1x3x5  feet  long,  nailed  to  railing  at  the  distance  of  two. 
inches  apart,  set  above  a  twelve  inch  baseboard.  Material  was  fur- 
nished in  the  rough;  the  posts  sawed,  the  holes  were  dug,  posts  set 
and  rammed,  baseboard  placed,  railing  sawed  to  length  and  nailed 
on,  pickets  »awed  to  length,  sharpened  at  one  end,  nailed  on,  and 
tlic  labor  [lerfonned  in  the  time  and  at  the  i)i'ice  stated  above. 


^1010.) 

No.   74.— SUMMONS  IN  MECHANIC'S  LIP:N. 

State  of  Mississipm, 

,     To  the  sheriif  or  any  constable  of  Hinds  county,  Greeting: 
"VVe   command  you   to    summon   Henry  McBride   [and  any  others 
interested  in  the'laiid,  or  who  have  liens   upon  the  same  proiJertu,  if 
known)  to  l)e  and  personally  appear  before  the  undersigned  Justice 

of  the  Peace  for  said  county,  at  his  office  therein,  on  the day  of 

,   1876,   to  plead,  answer   or  demur  to   the  petition  of  Carl 

Shaifer,  asking  for  the  benefit  of  an  Act  for  the  enforcement  of 
mechanic's  lien,  to  secure  the  payment  of  the  sum  of  twenty-five 
dollars,  on  the  following  property,  whereon  work  was  done  and 
improvements  built,  to-wit:  the  east  half  of  the  southeast  quarter 
of  section  nine,  in  township  four  of  range  eight  east,  in  said  county,, 
now  occupied  by  said  Henry  McBride  {and  the  dioelling  thereon,  if 
the  work  was  done  on  a  dtvellinri).  Herein  fail  not,  and  have  you 
there  this  writ. 

Witness  my  hand  and  seal,  this  d^y  of  ,  1876. 

W.  ii.  Smylie,  J.  P.   (seal.) 


§1606.)  No.   75.— NOTICE  TO  OWNEE. 

Note. — If  any  contractor  or  builder  refuses  to  pay  any  one  employed  by 
him  to  labor  or  to  furnish  materials,  such  person  should  at  ouce_  give  the 
owner  notice  of  the  amount  due  by  such  contractor  or  builder,  which  notice 
will  be  in  the  nature  of  a  garnishment,  and  bind  what  may  be  due  from  the 
owner  to  the  contractor  or  builder.  If  the  contractor  sues  the  owner,  the 
party  giving  notice  must  be  summoned ;  and  if  the  party  giving  notice, 
after  it,  .sues  the  contractor,  the  owner  must  be  made  a  party  to  the  suit. 

Btram,  Miss.,  March  20th,  1876. 
Henry  JfcBride,  Esq.: 

SiK — You  will  please  to   take   this  as  notice,  thtit  Carl  Shaifer, 
under  verbal  contract  (or  contract)  to  build   and   complete  for  you 


In  Civil  Cases.  -"^^ 

on  youf  farm  in  Uiuds  tH)iiiity,  a  certain  garden  I'ence,  is  inilelAcil 
to  me  in  tlie  sum  of  eight  dollars,  vvhicli  he  fails  and  refuses  to  pay, 
for  work  and  labor  done  on  said  fence. 

Respectfully,  Ciiakles  RAMMiin. 


^S  l<il4,  1615.  No.  70.— JUDGMENT. 

*  (To  be  entered  on  Docket.) 

This  day  come  the  ^tarties  in  person  {and  htj  their  attorneys)  and 
the  testimony  of  the  witnesses  and  all  the  evidence  in  tlie  case  {and 
the  argument' of  counsel)  having  !)ecu  heard,  it  is  thereupon  consid 
ered  by  tiie  court  that  the  said'  [)laintitf,  Carl  Sluiifer,  do  have  and 
recover  of  and  from  the  said  defendant,  Henry  3IcBride,  the  sum  of 
$25,  and  his  costs  in  this  behalf  expended,  for  which  execution  may 
issue.  And  it  is  furtjier  considered  by  the  court,  that  the  following 
described  property,  situate  in  said  county,  to-wit:  the  east  half  of 
the  southeast  quarter  of  section  nine,  in  township  eight  of  range 
four  east  {or,  the  house  and  lot,  fully  described,  in  the  ioivn  or  city 
tipon  which  ivorh  was  done,  or  jor  which  materials  were  furnished) 
be  and  the  same  is  hereby  condemned  to  be  sold,  or  so  much  thereof 
as  shall  be  sufficient  to  satisfy  the  judgment  in  this  behalf  and  all 
costs,  for  which  a  special  execution  may  issue. 


S§  1615,  1616.)  No.    77.— EXECX'TION. 

fclTATE  OP  MlSSlSSIlTI, 

To  the  sheriff  or  any  constable  of  Hinds  county: 
We  command  you  that  of  the  goods  and  chattels,  lands  and  tene- 
ments of  Henry  McBride,  you  cause  to  be  made  the  sum  of  twenty- 
five  dollarp,  which  sum  was  recovered  before  the  undersigned  Jus- 
tice of  the  Peace  for  said  county,  on  the day  of  ,  187G, 

against  said  JNIcBride,  and   interest  thereon  at  the  rate  of  per 

cent,  per  annum  from  the  day  of ,  1876,  in  favor  of  Carl 

Shaifer,  and  also  dollars  and  cents,  his  costs  in  this 

behalf  expended,  wdiereof  said  Henry  McBride  is  convicted,  as  ap- 
pears to  us  of  record.  And  you  are  hereby  further  especially  com- 
manded to  cause  to  be  made  the  aforesaid  suras,  recovered  as  afore- 
said, by  the  seizure  and  sale  of  the  east  half  of  the  southeast  c^uar- 
ter  of  section  nine,  in  township  eight  of  range  four  east,  in  said 
county,  or  so  much  thereof  as  shall  be  sufficient,  to  satisfy-  said 
judgment  and  all  costs:  and  that  you  have  said  moneys  ready  to 
render  to  said  plaintifl',  before  the  undersigned,  at  his  oflice  in  said 

county,  on  the' day  of ,  1870.-   And  then  there  have  this 

writ,  with  your  proceedings  thereon  endorsed. 

Witness  my  hand  and  seal,  this  day  of  ,  1876. 

W.  L.  Smvlie,  J.  r.  (seal.) 


3G  Justice  Forms. 

(BILL  OF    COSTS.— ^ee  Fees  of  Officers.) 

justice's  fees. 

Issuiug  summons  oi-  warraut Summoning  garnishees _. 

Enterino-  suit Taking  examination  of garnishees.. 

Issuing  snbpenas  names Issuing  execution 

Affidavit  to  account Issuing  vemii.  exjionas 

Counter-affidavit Affidavit  and  appeal  bond 

Venire  facias Transcript  of  record  and  certificate 

Swearing  jury Issuing  attachment,  bond  and  affidavit.. 

Swearing  witnesses Issuiug  replevin,  bond  and  affidavit 

Affidavit°for  continuance Iss'ng  distress  war'nt,bo:id  and     "  ....« 

Commission  to  take  deposition Rf-cognizance 

Proceedings  to  judgment Alittimus 

Entering  judgmenr Jury  fee 

Affidavit  for  garnishee witnesses 

constable's  fees. 


Serving  summons  or  warrant Summoning  inquest 

Serving  an  attachment ..Conveying  criminal  to  jail,  miles. 

Summoning   -witnesses Attending  trial 

Executing  mittimus Summoning  jury 

Taking bonds Jury  trial,  attendance. 

Levying  execution  and  making  money. ..Summouiiig  garnishees 

A  true  bill  of  costs.  W.  L.  Smylie,  J.  P.   [seal.] 


LANDLORD     AND     TENANT. 

§1620.)  No.   78.— AFFIDAVrr— RENT  DUE. 

State  of  Mississippi,  Copiah  County,  [^ss. 

Personall.y  appeared  before  tlie  undersigned  Justice  of  the  Peace 
for  said  count3-,D.  W.  McRae,  who  states  on  oath  that  Charles  Cook 
is  indebted  to'him  in  the  suua  of  seventy- five  dollars,  for  rent  due 
and  in  arrear,  on  certain  leased  premises,  situate  in  said  count}-,  and 
described  as  follows,  to-wit:  the  east  half  of  the  southeast  quarter 
of  section  nineteen,  in  township  two  of  range  one  west  {or,  the  farm 
knoivn  as  the  IIollij  Farm  ;  or,  the  frame  house  in  the  town  of  Crystal 

Springs,  on  street,  described  on  x>lctt  of  said  town,  as  lot  4,  in 

square   10.     Locate  fidly.)  ;  therefore  affiant  prays  an  attachment 
a<'-ainst  the  goods  and  chattels  of  said  tenant. 
°  D.  W.  McRae. 

Sworn  to  and  subscribed  this  10th  day  of  January,  1876. 

A.  B.  Lowe,  J.  P.   (seal.) 


§1622.)       No.   79.— AFFIDAVIT— RENT  NOT  DUE. 

State  of  Mississippi,  Copiah  County,  ^ss. 

Personally  appeared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  D.  W.  McRae,  who  states  on  oath  that  Charles  Cook 
is  justly  indeloted  to  him  in  the  sura  of  seventy-five  dollars,  for  rent 
of  certain  leased  premises,  situate  in  said  county,  known  as  the 
Oak  Grove  place,  and  being  a  part  of  the  southwest  quarter  of  sec- 
tion nineteen,  in  township  two  of  range  one  west,  the  same  to  be 
due  and  payable  on  the* first  day  of  January,  1877;  and  this  affiant 


///.  Civil  Cases.  '^^ 

Inrtlier  makes  oiitli  that  lie  has  just  cause  to  suspect,  and  does 
verily  believe,  that  his  said  tenant  will  remove  his  effects  from  said 
leased  piemises  to  some  other  place,  within  or  without  said  county, 
before  the  expiration  of  his  term,  or  before  the  rent  will  fall  due,  so 
that  no  distress  for  rent  can  be  made;  wherefore  afliant  prays  an 
attachment  to  distrain  suflicient goods  and  chattels  on  said  premises 
to  satisfy  said  rent.  D.  W.  McRae. 

Sworn  to  and  subscribed  this  20th  dav  of  November,  1876. 

A.  B.  LowK,  J.  P.  (seal.) 


^  1623.) 

No.  80.— AFFIDAVIT  WHEN  EFFECTS  HAVE  BEEN 

REMOVED. 

Note. — If  tenant  removes  effects  without  paying  rent,   landlord  within 
thirty  days  lias  his  remedy  l>y  attachment,  and  c?in  seize  the  goods  wherever 
found. 
State  of  ^Mississippi,  Copiah  County.  J>ss. 

Personally  appeared  before  tlie  undersigned  Justice  of  the  Peace 
for  said  county,  D.  W.  McRae,  who  states  on  oath  that  Charles  Cook 
is  justly  indebted  to  him  in  the  sura  of  one  humlred  dollars,  to  be 
due  and  payable  on  the  20th  day  of  December,  1876,  for  the  rent  of 
certain  leased  premises  for  said  year,  described  as  follows:  lot  num- 
l)ered  six  in  square  or  block  numbered  ten  in  the  town  of  Hazle- 
liurst,  in  said  county,  with  the  tenements  and  appurtenances  there- 
unto belonging;  and  that  said  tenant  has  actually  removed  his  etfects 
from  said  leased  premises  before  the  rent  has  become  due,  so  that 
there  is  not  suflicient  property,  liable  to  distress,  left  on  said  premi- 
ses, and  that  said  removal  lias  taken  place  within  the  last  thirty 
days  ;  wherefore.  afliiUit  prays  an  attachment,  A:c. 

D.  W.  McRar. 
Sworn  to  and  subscribed  this  10th  day  of  December,  187G. 

A.  B.  Lowe,  J.  P.  (seal.) 


§1620.)  No.  81.— BOND. 

State  of  IMississippr,  Copiah  County,  ^ss. 

Knew  all  men  by  these  presents,  that  we,  D.  W.  INIcRae  and  L.  B. 
Harris,  are  held  and  firmly  bound  unto  Charles  Cook  in  the  sum  of 
two  hundred  dollars,  for  which  payment  well  and  tndy  to  be  made, 
wo  bind  ourselves  and  our  legal  representatives,  jointly  and  severally, 
lii-mly  by  these  presents,  signed  with  our  names  and  sealed  with  our 
seals,  this  18ih  day  of  December,  1876. 

The  condition  of  this  obligation  is  such  that,  Avhei'cas,  the  above 
bound  D.  \\ .  McRae  hath  on  the  day  of  the  date  hereof  prayed  an 
attachment,  at  the  suit  of  himself,  to  distrain  the  goods  and  chattels 
of  the  above  named  Charles  Cook,  to. the  amount  of  one  hundred 
dollars,  for  rent  alleged  to  be  due  for  certain  leased  premises  set 
I'orth  therein;   and  whereas,  said  ^IcRae  has  also  made  atlldavit  that 


44G339 


38  Justice  Fojiiis 

said  tenant  has  actually  removed  his  effects  from  said  leased  |)remi- 
ses  before  the  rent  has  become  due,  so  that  there  is  not  suiHiient 
property',  liable  to  distress,  left  on  said  premises,  and  that  said  re- 
moval has  taken  place  within  the  last  thirty  days  (or,  thai  he  has 
Just  cause  to  suspect,  and  does  verily  believe,  that  i>aid  tenant  toill  re- 
viove  his  effects  from  said  leased  jJremises  to  some  other  place,  within 
or  witliout  said  county,  before  the  expiration  of  his  term,  or  before  the 
rent  will  fall  due,  so  that  no  distress  for  rent  can  be  made),  and  hath 
obtained  the  same  I'eturnable  before  A.  B.  Lowe,  a  Justice  of  the 
Peace  for  said  county,  ?t  his  office  therein,  on  the  20th  day  of 
December,  1876. 

Now,  if  the  said  j^laiuLilf  in  said  attachment  shall  well  and  truly 
pay  and  satisfy  to  the  said  tenant,  defendant,  all  such  damages  as 
he  shall  sustain  by  reason  of  the  wrongful  suing  out  of  said  attach 
n^.ent,  and  shall  also  p;iy  all  costs  which  may  be  awarded  agrinst  the 
said  plaintiff  in  said  suit,  then  the  above  obligation  to  be  void,  oth- 
erwise to  remain  in  full  force  ;ind  ell'ect. 

D.  W,  McRae,     (seal.) 
L.  11  Harris,       (seal.) 


S  10-29.)  No.    8-2.— WARRANT. 

State  of  Mississippi, 

To  the  slierifl' or  any  constable  of  Copiah  county,  Greeting: 

AVhercas,  I).  W.  McRae  hath  complained  on  oath,  before  the 
undersigned  Justice  of  the  Peace  for  said  county,  that  Charles  Cook 
is  justly  indebted  to  him  in  the  sum  of  seventy-five  dollars,  for  rent 
alleged  to  be  due  and  in  arrear  on  certain  leased  premises,  situate  in 
said  county,  to-wit:  the  east  half  of  the  southeast  quarter  of  section 
nineteen,  in  township  tvvo  of  range  one  west; 

Or,  2d,  is  justly  indebted  to  him  in  the  sum  of  seventy  five  dollars, 
for  rent  of  certain  leased  premises,  situate  in  said  county,  known  as 
the  Oak  Grove  place,  and  being  a  part  of  the  southwest  quarter  of 
section  nineteen,  in  township  2  of  range  one  west,  and  that  affiant 
has  just  cause  to  suspect,  and  does  verily  believe,  that  his  said  tenant 
will  remove  his  effects  from  said  leased  i)remises  to  some  other 
place  within  or  without  said  county,  before  the  expiration  of  his 
term,  or  before  the  rent  will  tall  due,  so  that  no  distress  for  rent 
can  be  made ; 

Or,  3d,  is  justly  indebted  to  him  in  the  sum  of  one  hundred  dol- 
lars, to  be  due  and  payable  on  the  20th  day  of  December,  1876,  for 
certain  leased  premises  I'or  said  year,  to-wit:  lot  numbered  six  in 
square  or  block  numl)ered  ten,  in  the  town  of  Hazlehurst,  in  said 
county,  and  that  said  tenant  has  actually  removed  his  effects  from 
said  leased  premises,  before  the  lent  has  become  due,  so  that  there 
is  not  suflicient  property,  liable  to  distress,  left  on  said  premises, 
and  that  said  removal  has  taken  i)lace  within  the  last  thirty  days; 

And  whereas,  the  said  D.  W.  McRae  hath  given  bond  and  secu- 
rit_y"as  required  by  law;  We,  therefore,  command  you  to  attach  and 


In  Civil  Cases.  '^^^ 

distrain  the  goods  aiul  chattels  of  tlie  sai'l  CIiuvIgs  Cook,  liable  to 
distress  {if^od  cause,  stnj,  ''wherever  then  onai/  be  found),  to  an 
amount  sutlicient  to  satisfy  the  rent  clue  and  in  arrear(o/-,  to  hedue) 
as  aforesaid,  and  all  costs".  And  having  given  notice,  according  to 
law,  to  said  tenant,  you  shall  forthwith  advertise  the  property  dis- 
trained, for  sale,  in  not  less  than  ten  days  after  such  notice,  on  said 
premises,  or  at  some  other  convenient  public  place.  And  if  the 
said  Cook,  or  claimant  of  the  goods  distrained,  shall  not,  before  the 
time  appointed  for  the  sale,  replevy  the  same,  by  giving  bond  and 
securitv,  to  be  approved  by  you,  you  shall  sell  the  said  goods  to 
the  highest  bidder,  lor  caslC  at  public  outcry,  and  shall,  out  of  the 
proceeds  of  the  sale,  pay  all  costs,  and  to  the  plaintiff  the  amount 
due  him  for  rent,  with  interest  {or,  if  Id  cause,  "  deducting  interest 
J'or  the  time  until  the  rent  shall  become  2)ayabte");  and  make  return 
of  this  writ  to  the  undersigned,  at  his  ollice,  in  said  county,  on   the 

day  of 1877. 

Witness  my  hand  and  seal,  tliis  day  of  ,  187G. 

A.  B.  Lowe,  (seal.) 

NoTK.— The  distress  warrant  is  not  served  on  the  tenant,  but  levied  at 
once  on  property  of  his  subject  to  distress  or  seizure.  The  following  notice, 
however,  to  aiake  the  seizure  legal,  must  be  served  on  the  tenant : 


;<  1G21.  No.  83.— NOTICE  TO  TENANT. 

Copiah  Countv,  Miss.,  Dec,  10th,  187G. 

Mr.  Charles  Cook  : 

Sir— You  will  take  notice  that  at  the  suit  of  D.  ^Y.  McRae  against 
you,  for  the  sum  of  seventy  five  dollars,  rent  alleged  to  be  due  and 
in  arrear,  by  vou  to  him  (or,  to  be  due),  and  by  virtue  of  a  warrant 
issued  by  A.  B.  Lowe,  Justice  of  the  Peace  for  said  county,  1  have 
this  day"  distrained  and  taken  into  my  possession  one  bay  mare,  as 
your  property;  which  will  be   sold  by  me   to  satisfy  said  debt  and 

costs,  at  public  outcry,  for  cash,  to  the  highest  bidder,  at  

on  the  21st  day  of  December,  unless  replevied  according  to  law. 
Respectfully,  Albert  Welch,  Constable. 

Note.— The  tenant  can  replevy  the  property  in  two  ways:  1st,  by  giving 
a  bond  in  double  the  amount  of  rent  claimed,  with  security,  to  pay  the  rent 
and  interest  and  costs,  at  the  end  of  three  months;  or  by  giving  bond  and 
security  in  double  the  amount  of  rent  claimed,  to  try  the  legality  of  the 
distress.  If  any  other  claims  the  property  seized,  he  tiles  his  atiidavit  and 
gives  bond,  and  the  issue  is  tried. 


§1021.) 

No.  81.— REPLEVY  BOND  TO  PAY  RENT. 

State  of  Mississippi,  Copiah  County,  J-ss. 

Know  all  men  by  these  presents,  that  we,  Charles  Coo.v  and  Moses 
"Curtis  arc  held  and  firmly  bound  unto  D.  W.  McRae,  and  to  his 
degal  representatives,  in  the   sum  of  one  hundred  and  fifty  dollars, 


40  Justice  Forms 

for  which  payment  well  and  truly  to  be  made,  we  bind  ourselves- 
and  our  legal  representatives,  jointl}-  and  severally,  firmly'  by  these 
presents,  signed  with  our  naraes  and  scaled  with  our  seals,  this  15th 
day  of  December,  1876. 

The  condition  of  the  above  obligation  is  such,  tliat  whereas,  pro- 
l)crty  of  the  above  bound  Charles  Cook,  by  virtue  of  an  attachment 
sued  out  by  D.  W.  McRae,  has  been  distrained  to  satisfy  the  chiim 
of  said  McRae  for  rent,  and  also  for  costs  of  this  proceeding, 
amounting  in- all  to  eighty-two  dollars;  and  upon  the  execution  of 
these  presents,  said  property  has  been  restored  to  said  Cook; 

Now,  if  the  said  Cook  shall  make  payment  of  the  rent  claimed, 
with  lawful  interest  for  the  same,  and  all  costs,  at  the  end  of  three 
months  after  making  such  distress,  then  this  obligation  to  be  void,, 
utiierwise  to  remain  in  full  force  and  effect. 

Charles  Cook,   (seal.) 
Moses  Curtis,  (seal.) 

I  approve  the  foregoing  bond  and  security,  this  15th  day  of  De- 
cember, 1876.  "  Albert  Welch,  Constable. 


§1630.)       No.  85.— REPLEVY  BOND  BY  TENANT. 

State  of  Mississippi,  Copiah  County.  )■  ss. 

Knovv  all  men  by  these  presents,  tliat  we,  Charles  Cook  and  H.  C. 
Vance,  are  held  and  firmly  bound  unto  D.  W.  McRae,  and  to  his 
legal  representatives,  in  the  sum  of  two  hundred- dollars,  for  which 
payment  well  and  truly  to  be  made,  we  bind  ourselves  and  our  legal 
representatives,  jointlj-  and  severally,  firmly  by  these  presents,  signed 
with  our  hands  and  sealed  with  our  seals,  this  15th  day  of  Decem- 
ber, 1876. 

The  condition  of  the  above  obligation  is  such  that,  whereas,  a 
certain  bay  mare,  the  property  of  the  above  bound  Charles  Cook, 
has  been  distrained,  by  virtue  of  an  attachment  issued  by  A.  B. 
L.->we,  a  Justice  of  the  Peace  for  said  county,  at  the  suit.of  D,  W. 
McRae,  to  satisfj^  the  claim  of  said  ]McRae  for  rent  alleged  to  be 
due  and  in  arrear;  and,  whereas,  said  Cook  desires  to  replevy  said 
mare,  in  order  to  try  the  legality  of  said  attachment,  and  hath  ob- 
tained a  writ  of  replevin  upon  the  execution  of  these  presents, 
returnable  before  said  Justice,  at  his  office,  in  said  county,  on  the 
i3d  day  of  December,  1876;  Now,  therefore,  if  tlie  said  Cliarles 
Cook  shall  perform  and  satisfy  the  judgment  of  the  court  in  this 
re[)lovin  suit,  in  case  he  shall  be  cast  therein,  then  this  obligation 
"hall  be  void,  otherwise  to  remain  in  full  force  and  effect. 

Charles  Cook,  (seal.) 
H.  C.  Vance,     (seal.) 

I  approve  the  foregoing  bond  and  S(,'curity,  this  15th  day  of  De- 
cember, 1876.  A.  B.  Lowe,  J.  P.  (seal.) 


Ill  Civil  Cases.  -^1 

8  1630. ) 

^      No.  8G.— WRIT  OF  REPLEVIN  FAVOR  OF  TENANT. 

State  op  IMississii'i'i, 

To  tlie  sheritr  or  any  constable  of  Copiah  connty,  Greeting: 

Whereas,  a  certain  bay  mare  has  l)eeu  distrained  by  virtue  of  an 
attachment  issued  at  the  suit  of  D.  W.  :McRae,  against  the  goods 
and  chattels  of  Charles  Cook,  for  the  sum  of  one  hundred  dollars 
rent  alleged  to  be  .  due  and  in  arrear,  which  said  mare  the 
said  defendant  desiresto  replevy,  in  order  to  try  the  legality  of  said 
attachment;  and  having  given  "bond  in  this  behalf,  as  directed  by 
law;  we  command  you  to  take  said  mare  and  deliver  and  restore  the 
same  to  said  defendant,  and  to  summon  said  McRae  to  be  and  appear 
before  the  undersigned  Justice  of  the  Peace  of  said  county,  at  his 
office  therein,  on  tlie  23d  day  of  December,  1876,  then  and  there  to 
answer  the  complaint  of  defendant  in  the  premises.  And  have  then 
there  this  writ. 

Witness  my  hand  and  seal  this  loth  day  of  December,  1876. 

A.  B.  Lo^VK,  J.  P.  (seal.) 


§  1631.)  No.    87.— CLAIMANT'S  AFFIDAVIT. 

State  of  Mississippi,  Copiah  County.  )-ss. 

Personally  .'ippeared  before  tlie  undersigned, a  Justice  of  the  Peace 

for  .said  county,  W.  31.  Haley,  who  states  on  oath  that  a  certain  bay 

mare  distrained  as  the  property   of  Charles  Cook,  by  virtue  of  an 

attachment  issued  by  A.   B.   Lowe,  Justice  of  the  Peace  for   said 

county,  at  the  suit  of  D.  MeRae,  for  tlie  recovery  of  rent  alleged  to 

be  due  and  in  arrenr  (or,  to  he  due  on  the    day  oj ),  is  the 

property   of  this  afliant,  and   not   the  property  of  the  tenant,  said 

Charles  Cook,  nor  held  in   trust  for   the  use  of  said  tenant  in  any 

manner  whatsoever,  and  that  said   ma^-e,  in  his  opinion,  is  not  liable 

to  such  distress.     Wherefore,  affiant  prays  in  this  behalf  the  writ  of 

replevin,  that  the  right  of  property  may  be  tried 

^  o  .      t       .         .  ^^,   ^^    Haley. 

Sworn  to  and  subscribed,  this  l-ltli  day  of  December,  1876. 

A.  B.  LoAVE,  J.  P.  (seal.) 


^  1631.)  No.  88.— BOND  BY  CLAIMANT. 

Kr.ow  all  men  by  these  presents,  that  we,  W.  M.  Hnley  and  An- 
drew Mangold,  are  held  and  iirmly  bound  unto  D.  W.  McRae,  (kc, 
(as  171  No.  85,  only  penalty  double  value  of  property  distrained). 

The  condition  of  this  obligation  is  such  that,  whereas,  a  certain 
bay  mare,  valued  at  dollars,  has  been  distrained  as  the  pro- 
perty of  Charles  Cook,  by  virtue  of  an  attachment  issued  by  A.  B. 
Lowe,  a  Justice  of  the  Peace  for  said  county,  at  the  suit  of  D.  W. 
McRae,  to  satisfy  a  claim  for  rent  alleged  to  be  due  and  in  arrear; 
and  whereas,  the  above  bound  W.  Vl.  Haley  makes  claim  to  said 
mare,  and  has  filed  his  affidavit  in  this  behalf,  according  to  la^ir,  and 


^2  Justice  Forms 

pra3-e(,I  a  -writ  of  replevin  upon  the  execution  of  these  ))resents, 
returnable  before  saitl  Justice,  at  liis  office,  in  said  county,  on  the 
23(1  day  of  December,  187G ;  No-,a',  therefore,  if  the  said  W.  M. 
Haley,  in  case  he  be  cast  in  said  replevin  suit,  shall  perform  and 
satisfy  the  judgment  of  the  court,  then  this  ol)ligation  to  be  void, 
otherwise  remain  in  full  force  and  effect. 

W".  M.  Haley,  (seal.) 

Andkew  Mangold,  (seal.) 


No.    87.— WRIT  OF  REPLEVIN  F^VOR  CLAIMANT. 

State  of  Mississipp/, 

To  the  sheriff  or  any  constable  of  Copiah  county,  Greeting: 

Whereas,  a  certain  bay  mare  has  been  distrained,  by  virtue  of  an 
attachment  issued  at  the  suit  of  D.  W.  McRae  against  the  goods  and 
chattels  of  Charles  Cook,  for  the  sum  of  one  hundred  dollars,  rent 

alleged  to  be  due  and  in  arrear,  which  said  mare,  valued  at 

dollars,  is  claimed  by  affidavit  tiled  before  us,  by  W.  M.  Hale}^  as  his 
property,  and  not  the  property  of  said  tenant  Cook,  and  bond  and 
security  having  been  given  as  directed  by  law,  in  this  behalf;  we 
command  you  to  take  said  mare  and  deliver  the  same  to  said  Hale}', 
and  to  summon  said  McRae  to  be  and  appear  before  the  undersigned 
Justice  of  the  Peace  for  said  county,  at  his  otfice  therein,  on  the 
2Hd  day  of  December,  187G,  then  and  there  to  answer  the  claim  of 
said  Haley  in  the  premises.     And  have  you  then  there  this  writ. 

Witness  my  hand  and  seal,  this  15th  da}^  of  December,  1S76. 

A.  B.  LoAVE,  J.  P.  (seal.) 

§  1G40.) 

No.   90.— NOTICE  TO  DETERMINE  TENANCY. 

Note. — Tenants  from  year  to  year  must  have  two  months  notice ;  half 
yearly  or  quarterly  tenants,  one  month's  notice;  and  by  the  month,  one 
week's  notice  in  writing. 

Hazlehukst,  jNIiss.,  Oct.  28th,  1875. 
Mr.  Charles  Cook  : 

Sir — You  will  take  notice  that  youi-  tenancy  of  the  house  and  lot 
now  occupied  by  yon  in  this  town,  rented  of  me  by  the  year,  will  be 
determined  and  ended  on  the  first  day  of  Januar}',  1876,  on  which 
date  I  shall  require  of  you  possession  of  the  same. 

Respectfully,       "  D.  W.  McRae. 


^  1G47.) 

No.  91.— NOTICE  TO  TERMINATE  TENANCY  AT  WILL  OR 

SUFFERANCE. 

Beaukegakd,  Miss.,  Feb.  25th,  1876. 
J//\   William  Hampton': 

8iK — You  will  take  this  as  notice  that  the  rent  due   me  for  the 


Li  Civil  Cases.  43 

house  now  occiiijie-l  by  you,  in  tliis  town,  amounting  to  lil'ty  rloUars, 
for  tlie  months  of  September,  October,  November  and  December,  of 
1875,  and  tlie  montlis  of  January  and  Fe'oruai-y,  1S7G,  though  often 
demanded,  has  not  been  i)aid,  and  unless  paid  by  the  1st  day  of 
]March  proximo,  3-ou  are  iiereb^'  required  to  deliver  to  me  the  i)os- 
session  of  said  house  and  lot  on  that  day.  In  default  of  which,  I 
$!iall  proceed  as  authorized  by  law  in  the  premises. 

Kespectfully,  Ciiaules  A.  IL\uuis. 


§1648.) 

No.    92.— LANDLORD    OU    AGENT'S    AFFIDAVIT    TO    RE- 
MOVE TENANT  AT  WILL. 

State  oi<^  Missisbirri,  Copiah  Countv.  }- ss. 

Personally  a[)i)eared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  Cliarles  A.  Harris,  who  makes  oath  that  William 
Hampton  is  justly  indebted  to  afliant  in  the  sum  of  filty  d(^llars,  for 
the  rent  of  a  certain  frame  house  in  the  town  of  Beauregard,  in  said 
county,  described  on  the  plat  of  said  town  as  lot  one  in  square  two; 
that  said  house  and  lot  was  let  to  said  Hampton  on  the  1st  day  of 
September,  1875,  at  the  rate  of  eight  dollars  per  month,  and  said 
tenant  to  occupy  the  same  at  the  will  and  sufferance  of  alllaut;  that 
the  said  tenant  neglects  rnd  refuses  to  pay  said  rent,  or  any  part 
thereof,  although  often  requested  so  to  do,  and  the  necessary  notice, 
according  to  law,  having  l»een  given  to  terminate  such  tenanc}',  that 
said  tenant,  without  permission  of  affiant,  still  holds  over  and  will 
not  deliver  to  atliant  possession  of  said  premises.  Wherefore,  afliant 
prays  that  said  Hampton  may  be  summonetl  to  show  cause  why 
possession  of  said  i)remises  shall  not  be  delivered  to  affiant. 

Ciiaki.es  a.  Hakkis. 

Sworn  to  and  subscribed  ihis  1st  day  of  iMarch,  187(j. 

B.  F.  JoxEs,  J.  P.   (seal.) 

Note. — If  the  cause  of  removal  is  oidy  for  refusal  to  pay  rent,  after  three 
davs'  notice,  chuniz-e  affidavit  to  suit. 


S  1646.] 

No.  93.— LANDLORD  OR  AGENT'S  AFFIDAVIT  TO  REMOVE 
TENANT  HOLDING  OVER  WITHOLT  PERMISSION. 

State  of  Mississiri'i,  CoriAii  County,  [^ss. 

Personally  a[)peared  before  the  undersigned  Justice  of  the  Peace 
ibr  said  county,  I).  ^V.  McRae,  who  makes  oath  that  Charles  Cook, 
tenant,  after  tlie  expiration  of  his  term,  and  without  the  permission 
of  this  alliant,  ovvner  anil  lessor,  holds  over  and  refuses  to  deliver 
possession  of  the  following  described  premises,  to-wit:  .'t  Irame 
ijouse  in  the  town  of  Hazlehurst,  known  and  designated  in  the 
survey  of  said  town  as  lot  six  in  square  ten  ;  Cnat  all  of  the  rent 
due  on  said  premises  has   been   paid   (or,  that  sd  much  rent  is  due); 


•Al  Justice  Forms 

wherefore  affiant  pra3's  that  saul  Cook  may  be  summoned  to  show 
cause  why  possession  of  said  premises  should  not  be  delivered  to 
this  affiant.  D.  W.  McRae. 

Sworn  to  and  subscribed  this  1st  day  of  January,  1876. 

A,  B.  Lowe,  J.  P.  [seal. J 

Note. — Tenant,  if  sufficient  grounds  exist,  can  file  counter  afiidavit,  deny- 
ing tlie  facts,  and  the  Justice  then  causes  an  issue  to  be  made  up  and  tried. 
See  Sees.  1G52,  1653  and  on. 


§  1649.] 

Xo.    94— SUMMONS   TO  TENANT   TO    REMOVE    OR  SHOW 

CAUSE. 

State  of  Mississippi, 

To  the  sherilf  or  any  constable  of  Copiah  couut.y.  Greeting  :^^^ 

Whereas,  by  affidavit  of  D.  W.  McRae,  this  day  filed  before  hs, 
we  are  informed  that  Charles  Cook,  tenant,  now  in  possession  of  a 
certain  frame  house  in  the  town  of  Hazlehurst,  in  said  count}', 
known  as  lot  six  in  square  ten  of  the  siirvey  of  said  town,  without 
permission  of  said  McRae,  landlord,  holds  over  after  the  expiration 
of  his  term,  and  will  not  deliver  to  said  McRae  possession  of  the 
same;  we,  therefore,  command  3'ou  to  require  the  said  Cook,  or  the 
person  in  possession  of  the  same,  or  claiming  possession  thereof, 
forthwith  to  remove  from  the  same,  or  to  be  and  appear  before  the 
undersigned  Justice  of  the  Pe^ce  for  said  county,  at  his  office  therein, 
on  the  5th  day  of  Januar}',  1876,  to  show  cause  why  possession  of 
the  said  premises  sliould  not  be  delivered  to  said  McRae.  Herein 
fail  not;  and  have  then  there  this  writ. 

Witness  m}^  hand  and  seal,  this  first  day  of  January,  187G, 

A.  B.  Lowe,  J.  P.  (seal.) 

•  ■.  . 

Note. — If  the  tenant  does  not   forthwith  remove,  or  shows  no  suflicieut 

cause,  upon  summons  being  duly  served,  as  in  Sec.  1G50,  the  Justice  issues 

his  warrant  of  removal.  ' 


§  1651.]  No.  95.— WARRANT  OF  REMOVAL. 

State  of  Mississippi, 

To  the  sheriff  or  any  constable  of  Copiah  county.  Greeting: 

You  are  hereby  commanded  Ibrthwith  to  remove  Charles  Cook 
and  all  other  persons  from  the  frame  house  and  lot  in  the  town  of 
Hazlehurst.  in  said  count}',  known  and  designated  in  the'survey  of 
said  town  as  lot  six  in  square  ten,  and  to  put  D.  W.  ]McRae  in  full 
and  complete  possession  thereof,  and  of  the  goods  and  chattels  of 
Charles  Cook  you  cause  to  be  made  the  costs  of  this  suit.  Herein 
fail  not;  ajid  make  return  of  your  proceedings  in  this  behalf  to  the 
undersigned. 

Witness  my  hand  and  seal,  this  5th  day  of  January,  1876. 

A.  B.  Lowe,  J.  P.  [seal.] 


In  Civil  Cases.  '  45 

ril  O  C  E  E  D  1  N  G  S     IN     15  A  S  T  A  K  D  Y . 

NoTK. — Tliis  is  entirely  an  ex  parte  proceeding  before  the  Justice,  where  it 
must  commence.  See  Sec.  1802.  The  complaint  should  always  be  in  writ- 
ing, signed  by  the  w^man.  In  her  subsequent  examination,  in  the  presencQ 
of  the  accused,  she  is  not  under  oath.  It  is  a  matter  for  the  careful  consid- 
eration of  the  Justice,  and  he  can  bind  the  accused  to  answer,  or  discharge 
him. 

§  1802.]  No.  96.— COMPLAINT. 

State  of  Mississippi,  )      Before  A.  E.  Lowe,  Justice  of  the  Peace 
Co[)iali  County.        j              for  said  cpunt}-,  Nov.  6th,  1876. 
Bella  Rose,  a  single  woman,  complains  of  Smith  Brown  that  here- 
tofore, to-wit:  at  the  county  aforesaid,  on  or  about  the  day  of 

,  1876,  and   at  divers  times  since,  the  said  Smith  Brown  had 

illicit  intercourse  with  complainant,  and  that  she  \_is  vow  xoith  child 
by  said  Broion,  which  said  child,  if  horn  alive,  will  be  a  bastard']; 
wherefore  complainant  prays  that  a  warrant  issue  in  this  behalf  for 
the  arrest  forthwith  of  said  Smith  Brown,  and  this  complaint  be 
examined  into.  Bella  Eose. 

Note. — If  the  child  be  born  and  alive,  and  be  under  one  year  old,  instead 
of  the  words  in  brackets,  say  "  has  been  delivered  of  a  child,  a  bastard, 
now  livinsi:,  whose  father  is  said  Smith  Brown." 


No.   97.— WARRANT. 

State  of  Mississippi. 

To  the  slieritf  or  any  constable  of  Copiah  count}',  Greeting: 

Whereas,  Bella  Rose,  a  single  woman,  having  this  day  made  com- 
l)laint  before  tlie  undersigned,  a  Justice  of  the  Peace  for  said  count}-, 
that  she  is  now  with  child  by  Smith  Brown,  which,  if  born  alive, 
would  be  a  bastard;  we,  therefore,  command  you  to  cause  said  Smith 
Brown  to  be  brought  before  us,  at  our  office  in  said  county,  forth- 
with, that  examination  may  be  had  touching  the  charge  against  him. 
Herein  fail  not,  and  have  you  then  tliere  this  writ. 

Witness  my  hand  and  seal,  this  day  of ,  1870. 

A.  B.  Lowe,  J.  P.  [seal.] 


No.  98.— BOND  TO  ANSWER  IN  CIRCUIT  COURT. 

State  of  INIississippi,  Copiah  County.  }  ss. 

Know  all  men  by  these  presents,  that  we.  Smith  lirown  and 
Emanuel  Hardy,  are  held  and  firmly  bound  unto  Bella  Rose  in  the 
penal  sum  of  live  hundred  dollars,  for  which  i)ayment  well  and  truly 
to  be  made,  we  bind  ourselves  and  our  legal  rei)resentatives,  jointly 
and  severally,  firmly  by  these  i)resents,  signed  with  our  hands  and 
sealed  with  our  seals,  this  day  of ,  1876. 

The  condition  of  this  obligation  is  such  that  if  the  above  bound 
Smith  Brown  shall  be  and  personally  appear  before  the  Circuit  Court 
of  said  county,   at   the   next  regular  term  thereof,  to  answer  the 


4:6  "  Justice  Forms 

complaint  of  Bella  Rose,  a  single  woman,  on  a  charge  filed  before 
A.  B.  Lowe,  Justice  of  the  Peace  for  said  county,  that  she  is  with 
child  b}^  him,  said  Brown,  which,  if  born  alive,  would  be  a  bastard; 
and  shall  attend  said  court  from  day  to  day,  and  tei'm  to  term,  until 
said  complaint  shall  be  heard  and  disposed  of;  then  this  obligation 
to  be  void,  otherwise  to  remain  in  full  force  and  effect. 

Smith  Brown,         [seal.] 
Emanuel  Hakdy,  [seal.] 

FENCES,       PARTITION       WALLS,       AND 
TRESPASS      BY      STOCK. 

§  loro.] 

'       No.  99— PETITION  FOR  ORDER  TO  VIEW  FENCE. 

To  the  Hon.  A.  B.  Lowe,  Justice  of  the  Peace  for  the  count}'  of 
Copiah,  and  State  of  Mississippi: 

Your  petitioner,  Stephen  Ragland,  vrould  sho\Y  that  heretofore, 
to-wit:  during  the  month  of  February,  1876,  desiring  to  erect  a 
fence  on  a  line  which  divides  his  land  from  the  land  of  Geo.  Riley, 
in  said  county,  running  along  the  south  boundary  of  the  northwest 
quarter  of  the  northwest  quarter  of  section  27,  in  township  9  of 
range  8  east,  one-quarter  mile  in  length,  the  land  of  said  Riley  being 
used  by  him  for  depasturing  cattle  and  hogs,  while  the  laud  of  your 
petitioner  was  intended  for  garden  and  horticultural  purposes;  the 
said  Riley  was  requested  to  contribute  his  proper  share  of  the  work 
and  furnish  the  requisite  materials  for  building  said  fence,  which 
he  refused  to  do,  whereupon  3'our  petitioner  constructed  the  whole 
of  said  fence,  of  a  proper  and  suitable  kind,  and  according  to  law; 
wherefore  he  pra3's  the  appointment  of  proper  persons  to  assess  the 
amount  which  should  be  contributed  by  the  said  Riley,  after  viewing 
said  fence,  for  the  construction  thereof,  <kc. 

Stephen  Ragland. 


§1909.]  No.  100.— ORDER  TO  VIEW  FENCE. 

State  op  Mississippi, 

To  Thomas  II.  Wheeler,  W.  P.  Beacham  and  Allen  Case,  house- 
holders of  the  county  of  Copiah: 

Whereas,  Stephen  Ragland,  b}'  petition  in  writing  filed  before  the 
undersigned  Justice  of  the  Peace  for  said  county,  setting  forth  that 
he  hath  constructed  a  fence  on  a  line  which  divides  his  land  from 
the  land  of  George  Rile}-,  being  one-quarter  mile  long,  on  the  south 
boundary  of  the  northwest  quarter  of  the  northwest  quarter  of 
section  27,  in  township  nine  of  range  8  east,  in  said  county,  to  the 
erection  whereof,  after  being  requested  to  do  so,  the  said  Riley 
refused  to  contribute  his  proper  share  of  the  work  and  furnish  the 
requisite  materials  necessary  lor  said  fence,  and  still  refuses, 
although  using  and  being  benefited  thereby;  and  having  praj-ed  for 
an  order  for  the  appointment  of  proper  persons  to  assess  the  amount 


In  Civil  Cases.  ^T 

Avhicli  sliouUl  be  contnbuted  by  said  Ililey;  Now,  tlifrolorc,  knowintr 
you  to  be  respectable,  impartial  householders  of  the  neighborhood 
"of  the  parties  hereto,  we  do  appoint  you  to  view  the  said  lence, 
after  givini,'  iivc  days'  notice  ot  the  time  of  your  meeting  for  that 
purpose,  to  said  Riley;  and  upon  such  view,  after  a  full  hearing  of 
the  parties,  and  the  evidence  that  eacii  may  introduce,  to  determine 
and  assess  the  amount,  if  any,  to  be  paid  l)y  said  Riley  to  said  Rag- 
land,  as  his  proper  share  of  the  expenses  of  constructing  said  fence; 
and  certify  the  same  under  your  hands  to  said  Ragland,  endorsed 
upon  this  writ. 

Witness  my  hand  and  seal,  this  10th  day  of  March,  1876. 

A.  B.  LoAVE,  J.  P.,  [seal.] 


§§1909,  1915.] 

No.  lOL— CERTIFICATE  OF  HOUSEHOLDERS. 

By  virtue  of  the  within  {or  foregoiiuj')  order  to  us  directed,  we 
did,  on  the  16th  day  of  March,  after  giving  to  said  George  Riley  iiv.: 
days'  notice  of  thetime  of  meeting  for  the  purpose' a  copy  of  which 
notice  is  hereto  attached, 'view  the  fence  therein  described,  and, 
after  a  full  hearing  of  the  parties,  and  evidence  introduced  by  each 
as  to  the  value  of  the  said  fence,  and  otherwise,  do  hereby,  under 
our  hands,  certify  that  in  our  judgment,  the  amount  due  by  George 
Riley  to  Stephen  Ragland,  as  his  proper  share  of  the  expenses  of 
erecting  said  fence, "is  eighteen  dollars,  and  we  accordingly  assess 
said  sum  in  favor  of  said  Ragland.  We  certify  that  said  fence  is 
well  built,  of  large,  sound,  pine  rails,  being  ten  rails  high,  and 
staked  and  ridered,  and  fuUv  one-quarter  mile  long.  Signed  this 
16th  i\i\\  of  March,  187G.        "  Thomas  H.  Wheelke, 

W.  P.  Beacham, 
Allen  Case. 


$§1909,1915.] 

No.  102.— NOTICE  BY  HOUSEHOLDERS  OF  TIME  OF 
MEETING. 

Copiah  County,  Miss.,  March  10th,  1876. 
To  George  Bileij: 

You  will  take  notice  that  the  undersigned,  appointed  upon  the 
application  of  Stephen  Ragland,  by  A.  B.  Lowe,  a  Justice  of  the 
Peace  for  said  county,  to  view  a  partition  fence  dividing  the  land  of 
said  Ragland  from  yours,  for  the  purpose  of  ascertaining  the  amount 
due  by  you  as  your  share  for  erecting  the  same,  will,  on  the  16th 
day  of  March,  assemble  on  the  premises  to  make  such  view,  when 
you  can  be  present,  if  you  see  proper,  and  be  heard  with  your  wit- 
nesses. Respectfully, 

Thomas  II.  Wheelek, 
W.  P.  Beacham, 
Allen  Case. 


iS  Justice  Forms 

XoTE. — The  same  proceedings  as  above  are  applicable  in  partition  walls, 
and  the  forms  as  set  down  can  be  used,  except  that  in  the  order  to  view  wall 
the  Justice  appoints  three  mechanics,  instead  of  householders. 


TRESPASS     15  Y     S  T  0  C  K . 
§  1922.]  No.    103.— NOTICE  OF  DETENTION. 

Copiah  County,  Miss.,  June  lOth,  1876. 
3Ir.  Folk  Ferguson: 

SiK — You  are  hereb}'  notified  that  a  brown  mare  mule  {or  horse, 
ox,  goat  or  Jiog),  belonging  to  you,  and  addicted  to  fence  breaking, 
and  found  within  my  cultivated  fields  [or  pasture,  or  enclosed 
grounds),  \x2iS,  been  taken  and  confined  in  my  stables  this  day;  that 
the  same  is  at  your  disposal,  upon  the  payment  to  me  of  seventy- 
five  cents  for  each  day  so  kept  by  me.  And  injury  has  accrued  to 
me  by  this  trespass.  Respectfully, 

A.  J.  LusK. 


§  1921.]  No.  104.— NOTICE  OF  DAMAGE. 

CopiAii  County,  Miss.,  June  10,  1876. 
Mr.  John  Cr cm-ford: 

Sir — Y^ou  are  hereby  notified  that  six  oxen  in  your  charge,  and 
said  to  belong  to  you  (or  any  other  stock,  numher  and  kind),  did,  on 
the  night  of  the  9lh  of  June,  1876,  break  into  my  growing  corn 
field,  enclosed  by  a  lawful  fence;  that  the  said  stock  have  done  me 
great  damage,  and  that  for  each  ox  I  demand  the  payment  of  three 
dollars,  being  eighteen  dollars,  damage  done  me  by  them.  I  shall 
demand  double  damages,  as  authorized  b}'  law. 

Respectfully,  J.  M.  ISIoody.     - 


§  1921.] 

No.  105.— SUIT  FOR  DAMAGES  DONE  BY  STOCK. 

Copiah  County,  Miss.,  June  12,  1S76. 
John  Crawford        "  To  J.  M.  Moody,  Dr. 

June  9th,  1876. — To  damages  done  by  six  oxen,  in  breaking 

into  my  corn  field 618  00 


^  1923.]  No.  106.- NOTICE  TO  PLAINTH'F. 

Copiah  County,  Miss.,  June  15th,  1876. 
Mr.  J.  J/.  3Ioody: 

Sir — Y^ou  will  take  notice  that  in  the  swit  instituted  by  you  against 
me,  to  be  heard  on  the  24th  of  June,  1876,  for  damages  done  your 
growing  crop  by  my  stock,  I  will  controvert  by  witnesses  the  suflfl- 
cienc3'  of  30ur  fence. 

Respectfully,  John  Crawford. 


In  Civil  Cases.  49 

.:<1925.]     No.   107.— SUIT  FOR  THROWING  DOWN  FENCE. 

Copiah  County,  Miss.,      ] 
July  8,  1876.  j 

Albert  Martin,  To  Harvey  Dodds,  Dr. 

Jul>-  4,  1870.  To  throwinu-  down  rcnce  on  my  land  and  enclos- 
ing same,  in  said  county,  on  said  day,  witiiout  my  iH-rmis- 
sioD,  arid  to  my  injury S20  00 

§1924.] 

No.  108.     SUIT  FOR  SHOOTING  OR  DOGGING  STOCK. 

Coi'iAH  County,  I\1iss.,     ) 
October  iO.   187(5.)' 

Oct.  15,  1S7(').  Simon  Jones,  To  Henry  Duncan,  Dr. 

To  shooting  (or  injuring  by  beating,  cutting,  or  dogging) 
one  white  horse,  found  within  his  field,  on  said  day  iu  said 
country,  not  being  enclosed  by  a  lawful  fence,  and  cUmaging 
the  same,  twent3'-five  dollars.....  — , S50  00 

Note. — The  point  to  inquire  into  iu  these  auits  is,  what  is  a  lawful  fence? 
See  §§  1905,  190G,  and  1907. 


OBSTRUCTION     TO     WATER     COURSES. 
§1935.]  No.  109.— COMPLAINT. 

To  H.  J.  Harris,  Esq.,   Justice    of   the    Peace    for   Copiah    County, 

State  of  Mississippi: 

The  undersigned,  a  citizen  of  said  county,  complains  of  Samuel 
Stackhouse  that  heretofore,  to-wit :  In  the  month  of  October,  1875, 
he  did,  not  being  duly  authorized  so  to  do  b}^  law  as  provided  by 
the  statute  in  that  behalf,  erect  an  embankment  on  land  adjoining 
your  complainant  (and  constructed  a  dam  across  a  stream  dividing 
the  land  of  complainant  from  his  own),  whereb^^  the  water  not 
having  free  course,  and  being  obstructed  by  said  embankment  {or 
dam),  has  been  caused  to  overflow  on  the  land  of  complainant,  to 
the  injury  of  said  land  [and  the  groiomy  or  'planted  crop  thereon-.) 
Your  complainant  has  informed  said  Stackhouse  thereof,  and  re- 
quested the  removal  of  said  embankment  {or  opening  said  dam), 
but  he  failed  and  refused  so  to  do,  and  still  fails  and  refuses  ;  where- 
fore, your  complainant  prays  that  said  Samuel  Stackhouse  may  be 
summoned  before  you,  and  such  proceedings  had  in  the  premises, 
as  shall  be  according  to  law.     March  9,  1876. 

"Willis  Barnes. 


§1935.]  No.  110.— SUMMONS. 

The  State  of  Mississippi, 

To  the  slieriff  or  any  constable  of  Copiah  county.  Greeting: 
We  command  vou  to  summon  Samuel  Stackhouse  to  be  and  appear 
4 


5()  Justice  Forms 

before  the  undersigned  Justice  of  the  Peace  for  said  count\-,  at  his 
office  therein,  on  tlie  12th  day  of  March,  1876,  to  hear  the  complaint 
of  Willis  Barnes,  filed  before  the  said  Justice,  on  the  9th  day  of 
March,  1S76,  towching  his  refusal  to  remove  a  certain  embankment 
(or  o-pen  a  dam  on  a  certain  tvater  coitrse),  erected  b}'  him  without 
autiio!-itv  of  law,  nnd  to  the  injury  of  said  complainant,  and  to  do 
what  the  law  requires  in  the  premises  ;  and  have  then  ami  there 
this  wiit. 

Witness  niv  hand  and  seal,  this  9th  day  of  March,  1876. 

H.  J.  Harris,  J.  P.   [seal.j 


§§1935,1936.]     No.  111.— SUMMONS  TO  HOUSEHOLDERS. 

State  of  Mississippi, 

To  the  sheriff  or  any  constable  of  Copiah  county.  Greeting: 

Whereas,  Willis  Barnes,  on  the  9th  day  of  JNIarch,  1876,  filed  with 
the  undersigned  Justice  of  the  Peaee  for  said  count3%  a  complaint 
against  Samuel  Stackhouse,  for  the  erection  of  a  certain  embank- 
ment (or,  a  darn  across  a  certain  stream),  on  lauds  adjoining  his  own, 
in  said  county',  Vt^ithout  the  authority  of  law,  whereby  the  lands  of 
complainant  were  injured  bj'  tlie  overflow  of  the  water  ;  and  whereas, 
the  said  Stackhouse  has  heretofore  been  summoned  in  this  behalf, 
and  there  was  chosen,  according  to  law,  on  the  return  of  said  sum- 
moiiis,  by  the  said  Justice  and  the  parties  hereto,  three  respectable, 
impartial  houseliolders  of  the  neighborhood  of  said  parties,  to- wit: 
A.  F.  Andre,  W.  C.  Wilkerson,  and  John  Thom[)son,  who,  after 
being  duly  sworn  f'lithfully  and  impartially  to  discharge  the  duties 
required  of  them,  shall  examine  the  obstructions  complained  of, 
and  shall,  or  a  majority  of  them,  report,  in  writing,  to  the  said 
Justice,  whether,  in  their  opinion,  such  obstructions  injure  the  land 
of  said  Barnes,  or  may  prevent  him  from  planting  a  crop  thereon,  or 
■will  injure  the  same  when  planted  ;  Therefore,  we  command  you  to 
summon  said  householders  to  be  and  appear  before  said  Justice,  at 
his  office,  in  said  county,  forthwith,  that  they  may  be  sworn  as  afore- 
said, and  proceed  to  make  the  examination  and  report,  as  by  law 
I'equired,  and  herein  they  shall  fail  not  under  penalt}'  of  twent\' 
dollars;  and  have^'ou  before  us,  at  an  early  day,  this  original. 

Witness  my  hand  and  seal  this  12th  day  of  March,  1876. 

H.  J.  Hakuis,  J.  P.   [seal.] 


§193o.l      No.  112.— REPORT  OF  HOUSEHOLDERS. 

State  of  Mississippi,  ) 
Copiah  Count}'.  j 

To  H.  J.  Harris,  Esq,,  Justice  of  the  Peace  for  said  county  : 

The  undersigned,  heretofore  cliosen,  required  and  sworn  to  exam- 
ine and  report  upon  certain  obstructions  complained  of  by  Willis 
Barnes,  as  having  been  erected  by  Samuel  Stackhouse,  on  lands  ad- 


IiL  Civil  Cases.  •'>! 

joining-  tlie  lands  of  said  Barnes,  in  said  county,  would  rcspectTully 
report  that  tiiey  did,  on  the  13th  day  of  March,  1876,  proceed  to  the 
land  of  said  Barnes,  and  make  a  full  examination  of  said  obstruc- 
tions, and  in  our  opinion acres  ot  the  land  of  said   Barnes  is 

materially  injured  th(M'e!)y,  so  mudi  so  as  to  prevent  him  planting  a 
crop  thereon,  the  lantl  being  open  tillable  land,  anil  suital)le  for  crops 
of  any  character,  if  not  overflowed,  and  that  said  ol)struclion  caused 
the  overflow  thereof;  the  said  fStackhouse  being  notified  of  our  opin- 
ion herein.  All  of  which  is  respectful]}'  submitted,  this  14th  day 
of  March,  1876.  A.   F.  Andue, 

W.    C.    WiLKEKSON, 

John  Thompson. 


§1935.]     No.  113.— PRECP:PT  TO  SHERIFF  OR  CONSTABLE. 

The  State  oi<'  IMississiiti, 

To  the  sheriff  or  any  constable  of  Copiah  county,  Greeting: 

Whereas,  A.  F.  Andre,  W.  C.  Wilkerson,  and  John  Thompson, 
householders  of  said  county,  heretofore  chosen  and  sworn  to  exam- 
ine into  and  report  to  the  undersigned  Justice  of  the  Peace  for  said 
county,  concerning  certain  obstructions  complained  of  before  us,  by 
Willis  Barnes,  as  having  been,  without  warrant  of  law,  erected  on 
lands  adjoining  lands  of  said  Barnes,  by  Samuel  Stackhouse,  whereb}' 
injury  results  to  the  lands  of  said  Barnes,  have  filed  with  us  the 
report  of  their  examination,  which  sustains  the  complaint  of  said 
Barnes;  and  whereas,  the  said  Stackhouse  being  notilied  of  the 
opinion  and  report  of  said  householders,  and  having  failed  immedi 
ately  to  remove  said  obstructions;  We,  therefore,  command  you, 
forthwith,  to  cause  such  obstruction  to  be  removed,  so  as  to  afford 
free  passage  for  the  water;  and  herein  fail  not,  and  make  return  of 
this  writ,  with  your  proceedings  indorsed  thereon,  to  the  undersigned. 

Witness  mv  hand  and  seal,  this  15th  da}^  of  March,  1S76. 

H.  J.  Harris,  J.  P.  [seal.] 


A  R  B  I  T  P.  A  T  I  O  N    AND     AWARD. 

Note. — This  is  a  chapter  of  our  laws  which  should  be  more  freely  used 
b}"^  litigants ;  it  would  save  to  them  money  and  time,  and  lessen  the  business  of 
courts.  Hundreds  of  minor  matters,  vigoi'ously  prosecuted  in  the  courts, 
assume  before  the  end,  in  costs  alone,  huge  proportions,  while  submitted  to 
friends  and  neighbors,  as  arbitrators,  in  the  commencement,  could  be  set- 
tled at  once,  with  insignilicant  outlay.  All  the  parties  have  to  do  in  a  pend- 
ing suit  in  any  court^  is  to  consent  to  submit  the  matter  to  two  or  more 
arbitrators,  and  so  declare  in  open  court,  \vhcn  a  rule  for  such  submission 
must  be  entered  on  the  minutes  or  docket. 

^1%Q>2  to  1965.] 

No.  114.— RULE  FOR  SUBMISSION. 

(To  be  entered  on  the  Docket.) 

This  day  appeared  in  open  court  the  parties  to  this  suit,  and   the 
■ourt  being  informed   that  said    parties   have  consented   to  have  all. 


52  Justice  Forms 

matters  in  controversy  in  such  suit  referred,  for  decision,  to  A.  B.,, 
C.  D.  and  E.  F.,  or  any  two  of  them,  selected  by  them'  as  arbitrators, 
a  rule  of  court  is  therefore  hereby  entered  for  such  submission  to 
the  arbitrators  selected  pursuant  to  the  application  of  the  parties; 
the  papers  filed  in  the  case  being  given  to  said  arbitrators,  and  fur- 
ther proceedings  herein   being  suspended.     Entered  this  day 

of  ,  1876.  Horace  Millsaps,  J.  P. 


§1965.]  No.   115.— AWAED. 

(To  be  entered  of  record  as  the  judgment  of  the  court.) 

The  arbitrators,  A.  B.,  CD.  and  E.  F.,  to  -whom  was  submitted 
the  matters  in  controversy  between  O.  F.  and  G.  H.,  parties  to  this 
suit,  bv  their  selection  and  consent,  having  taken  tlie  statement  of 
the  parties  and  of  all  witnesses  adduced,  make  and  return  into  court 
this  award,  to  wit:  The  said  G.  II.,  defendant,  to  'pay  to  O.  F., 
plaintiff,  the  sum  of  forty  dollars,  in  full  satisfaction  of  his  claim 
(or  damages,  &c.,)  and  one-half  the  costs  accrued  to  be  taxed,  and 
the  said  plaintiff  to  pay  the  other  half  of  the  costs.  The  arbitra- 
tors making  no  charge  for  services.      iMade  and  returned  this  , 

day  of  ,  1876.  .      A.  B., 

C.  D., 
Arbitrators. 

Approved:  Horace  Millsaps,  J.  P. 


j^oTE. — When  matters  of  controversy  are  pending  between  parties,  before 
suit  brought,  they  can  also  be  submitted  to  arbitrators ;  and  should  always 
be  so  submitted,  if  the  parties  can  be  brought  to  consent,  They  will  make 
money  by  the  operation.     The  following  forms  will  answer  ; 

§  1967.]  No.   116.— AGREEMENT  TO  SUBMIT. 

This  agreement  entered  into  this  day  of ,  1876,  b}' and 

between  A.  B.  and  C.  D.,  citizens  of  the  county  of  Copiah  and  State 
of  Mississippi,  between  whom  pecuniary  differences  (or  legal  con- 
troversies) exist,  witnesseth:  that  said  parties,  not  desiring  to  resort 
to  the  courts  for  a  settlement  of  said  differences,  but  desirous  of 
terminating  the  same  without  litigation,  hereby  stipulate  that  the 
matters  in  dispute  between  them  shall  be  submitted  to  the  decision 
and  award  of  E.  F.  and  G.  H.,  neighbors  and  citizens  of  said  county, 
arbitrators,  mutually  selected  and  chosen  by  them,  granting  hereby 
to  said  arbitrators  the  power,  if  it  shall  in  their  judgment  become 
necessary,  to  choose  another  impartial  and  disinterested  perse-n  to 
act  withthem;  That  the  award  of  said  arbitrators,  when  made  in 
writino-  and  signed  by  them,  and  attached  to  this  agreement,  shall 
finally°decide  said  differences,  and  shall  be  submitted  to  Horace 
Millsaps,  a  Justice  of  the  Peace  for  District  No.  3  of  said  county 
(or  to  the  Circuit  Court  of  said  county,  if  the  award  toill  jjrobably 
be  more  than  $1^0),  to  be  entered  as  a  rule  of  his  said  court,  and 
then  to    have  the  effect  of -a  judgment  and   be  enforced  as  other 


n'^ 


In  Civil  Cases.  ->^ 

judo-ments  of  said  court;  and  that  the  parties  hereto  bind  them- 
sei\n}s,  each  to  the  other,  firmly  by  these  presents,  iu  the  penalty  of 
one  hundred  doUars,  to  abide  by  and  perform  the  award,  when  made, 
pursuant  to  the  terms  hereof,  by  said  arbitratoi-s. 

The  matters  in  dispute  to  be  submitted,  are  a;4reed  to  be  sul)stan- 
tially  these;  and  that  evidence,  in  any  way  relating  thereto,  can  be 
fuUv  heard  by  said  arbitrators:  A.  B.  claims  the  sum  ot  one  hun- 
dred and  twenty-live  dollars  as  due  hiin  by  C.  D.,  for  the  sal_e  and 
delivery  to  him"' of  a  certain  bay  mare,  in  the  spring  of  1875,  and 
that  as'evidcnce  he  holds  the  promissory  note  of  C.  D.  for  that  sum; 
C.  D.  does  not  deny  the  execution  of  the  note  or  the  purchase,  but 
claims,  as  set-off,  that  A.  R.  sold  him  the  mare  as  sound  in  all 
respects,  as  only  eight  years  old,  and  good  in  harness,  when  she  was 
fully  ten  years  old,  unsound,  and  only  fit  for  the  plow,  etc.,  etc.  (or 
any  matter  of  difference  whatever  set  forth  distinctly. ) 

In  witness  of  which,  the  parties  hereto  have  hereunto  set  their 
hands,  the  day' and  year  lirst  above  written,  in  the  presence  of  wit- 
nesses. 

y.  T.,  wituess.  '  -^-  1^- 

C.  D. 


§1968.  No.  117.— AWARD. 

(To  be  attached  to  agreement,  and  delivered  to  party  entitled  to  it.) 

This  day  of  ,  1876,  personally  came  and  appeared  before 

the  undersigned  arbitrators,  A.  B.  and  C.  D.,  at  the  residence  of  L. 
M.,  in  Copiah  county,  and  submitted  to  us  the  matters  of  difference 
between  them,  pursuant  to  the  agreement  hereto  attached;  and  the 
parties  being  heard  in  their  own  behalf,  and  all  the  evidence  adduced 
on  both  sides,  duly  considered,  the  arbitrators  do  make  this  award, 
as  a  full  settlement  between  the  parties,  and  attach  the  same  to  the 
agreement,  as  aforesaid,  to  wit:  We  find  the  said  mare  to  have  been 
ten  years  old  at  the  day  of  sale,  and  further  find  her,  by  abundant 
testi^nony,  to  have  then  been,  and  still  is  both  balky  and  unreliable 
in  harness,  and  that,  in  our  opinion,  was  not  worth  moie  than  eighty 
dollars  on  the  day  sold  ;  therefore,  our  decision  is,  that  the  said 
C.  D.  pay  to  the  said  A.  B.  the  sura  of  eighty  dollars,  with  interest 
at  ten  per  cent,  from  the  date  of  the  maturity  of  the  note  given,  and 
the  same,  when  paid,  shall  be  in  full  satisfactitn  thereof,  and  the 
said  note  shall  then  be  returned  to  said  C.  D. 

Made  and  awarded,  this  dav  of ,  1876. 

E.  F. 

Witness:  ^^-  ^• 

<;_  X.  v  Arbitrators. 


,^  1968.1 

No.  117.— AFFIDAVIT  OF  WITNESS  TO   AGREEMENT  AND 

AWARD. 

State  of  Mississirri,  ) 

Copiah  County.  j    ' ' 

Personalh'    appeared    before     the  undersigned    Justice    of    the 


54  Justice  Forms 

Peace  for  said  coaiit\'.  S.  T.,  who  being  by  me  duly  sworn,, 
deposes  and  says,  that  he  was  present  and  saw  A.  B.  and  C.  D.  sign 
an  agreement  to  submit  all  matters  of  controversy  between  them  to 

E.  F.  and  G.  H.,  and  that  he  signed  the  same  as  witness,  on  the 

day  of ,  1876  ;  that  he  was  also  present  and  saw  the  said  E.  F. 

and  G.  H.  sign,  publish,  and  declare  their  final  award  and  arbitra- 
tion, in  writing,  between  the  said  parlies,  bearing  date  the  day 

of ,  1876,  and  that  this  deporent  set  his  name  as  a  subscribing 

witness  to  the  said  award,  at  the  time  of  its  execution  and  publica- 
tion aforesaid:  and  that  the  papers  now  submitted  to  him  are  the 
ao-reement  and  written  award  aforesaid. 

S.  T. 

Sworn  to  and  subscribed,  this  day  of ,  1876. 

Horace  Millsaps,  J.  P.  [seal.] 


Note. — If  the  party  against  whom  the  award  is  made  fails  or  refuses  to 
pay,  the  party  having' the  agreement  and  award  files  the  same  in  the  court 
mentioned,  and  after  proof  "of  the  execution  of  the  agreement  and  award, 
will  enter  up  judgment. 

§  1968.  No.  119.— JUDGMENT  ON  AWAED. 

A.    B.      ")  On  agreement  of  parties  and  award 

vs.           V                                        of    arbitrators. 
CD.      )  Filed  the  day  of  ,1876. 

On  reading  and   examining   the  articles   of  agreement  made  and 

entered  into  "between  said  A.  B.  and  C.  D.,  on  the  day  of  

1876,  in  pursuance  of  the  statute  in  that  behalf,  wherein  E.  F.  and 
G.  H.  were  selected  and  chosen  by  the  parties  as  arbitrators,  to  set- 
tle all  matters  of  difference  between  them,  and  upon  due  considera- 
tion of  the  award  and  decision  of  said  arbitrators,  attached  to  said 
agreement,  and  the  court  being  satisfied,  by  affidavit  of  S.  T.  filed 
with  said  award,  and  full  proof  of  the  execution  of  'said  agreement 
and  written  award,  have  caused  the  same  to  be  filed,  and  hereby 
consider,  adjudge  and  order  that  the  said  A.  B.  do  have  and  recover 
of  and  from  the  said  C.  D.  the  sum  of  eighty  dollars,  with  interste 
from  maturity  of  the  note  of  said  C.  D.,  at  ten  per  cent,  per  annum, 
hereby  declaring  sai'd  award  shall  be  final,  and  that  both  parties  are 
finally  concluded  by  the  same,  and  the  judgment  herein.  For  said 
sum   of  eighty   dollars,    interest  and    costs,  execution    may    issue. 

Ordered  this  day  of  ,  1876. 

Horace  Millsaps,  J.  P. 


EXEMPT     PROPER  T  Y. 

Note. — The  officer  levying  an  execution  or  attachment,  where  there  are- 
doubts  as  to  the  liability  of  the  property  seized,  or  about  to  be  seized,  or  a 
statement  made  that  the  property  is  exempt,  should  rdways  demand  of  plain- 
tiff bond  of  indemuitv. 


Li  Civil  Cases.  '>^> 


§2132.]  No.  120.— IJOND  OF  INDEMNITY. 

(Same  as  No.  33.) 


§2134.J     No.  121.— DEFENDANT'S  REPLEVY  BOND. 
State  OF  Mississippi,  Copiah  County,  ^ss. 

Know  all  men  by  these  presents,  that  we,  James  Case  and  William 
Cole  are  held  and  lirmly  bound  unto  John  Ford  in  the  sum  of  two 
hundred  dollars,  for  which  i)ayment  well  and  truly  to  be  made,  we 
bind  ourselves  and  legal  representatives,  jointly  and  severally,  firmly 
by  these  presents,  sipicd  with  our  hands  and  sealed  with  our  seals, 
tins  day  ol   ,  187(). 

Tlie  eondition  of  this  ol)ligaiiou  is  such  that,  whereas,  an  execu- 
tion   issued   by  Horace  Milfsaps,  a  Justice  of  the   Peace  for  said 

county,  on  the  day  of  .., ,  1876,  in  favor  of  John  Ford  and 

against  the  above  bound  James  Case,  for  eighty  dollars,  by  virtue 
of  a  judgment  heretofore  obtained  before  said  Justice  against  said 
Case^  for' the  said  sum,  with  interest  and  costs,  was,  by  J.  P.  Mat- 
thews, sheriff  of  said  county,  levied  upon  a  certain  yoke  of  oxen 
and  Vvagon,  valued  at  one  hundred  dollars,  as  the  property  of  said 
Case;  and  whereas,  the  said  Case  claims  said  property  as  exempt 
under  the  laws  in  that  behalf,  and  desires  to  replevy  the  same  that 
an  issue  shall  be  made  up,  at  the  return  term  of  said  execution,  by 
the  court,  and^aid  claim  tried,  and  upon  the  execution  and  approval 
of  these  presents,  the  said  i)roperty  is  restored  to  said  Case;  Now, 
therefore,  if  tlie  said  Case  shall  have  said  property  forthcoming  to 
abide  the  event  of  an  issue  to  be  made  up  and  tried  as  aforesaid, 
then  this  obligation  tu  be  void,  otherwise  to  remain  in  full  force  and 
effect.  "  Jamks  Case, 

William  Cole. 

Approved:  J.  P.  Mathews,  Sheriff. 

Note.— If  land  of  debtor  exceeds  80  acres,  or  $2,000  in  value,  and  no 
other  property  found,  it  is  the  duty  of  the  otRcer  holding  the  execution  or 
attachment,  to  levy  on  all  the  land,  and  proceed  as  directed  in  Sees.  2130 
and  2137.     This  applies  as  well  to  towns  and  cities,  as  to  the  country. 

§  2136.]  No.  122— OATH  OF  FREEHOLDERS. 

You,  and  each  of  you,  do  solemnly  swear,  tjiat  you  will  well  and 
truly  perform  the  duties  enjoined  upon  you,  in  regard  to  the  matters 
submitted  to  your  consideration,  according  to  Article  IV  of  an  Act 
entitled  '-An  Act  in  relation  to  exempt  property,"  of  the  Revised 
Code  of  ^Mississippi. 

§2136.]      No.  123.— ATTACH 31 ENT  BY  FREEHOLDERS. 

Thomas  Pollock,  )        Before  Horace  Millsaps,  Justice  of  the 

vs.  [-  Peace  for  the  County  of  Copiah,  State  of 

RouEKT  BuiE.  )    Mississippi. 

The  undersigned  freeholders  of  said  county,    heretofore  selected 


56  Justice  Forms 

and  sworn  nc-cording  to  law,  to  set  off  to  said  defendant  a  portion 
of  his  land  in  said  county,  embracing  his  dwelling-house  and  out- 
houses, not  to  exceed  eighty  acres  in   quantity,   nor  two  tliousand 

dollars  in  value,  did,  an  "the"  day  of ,  1876,  proceed  to  said 

land  and  make  due  allotment  thereof,  as  follows,  to-wit:  The  quantity 
of  land  owned  and  occupied  by  said  defendant,  as  a  homestead,  we 
find  to  be  only  eighty  acres,  to-wit:  The  east  half  of  the  southwest 
quarter  of  section  ten,  in  township  nine  of  ranga  two  west,  but  we 
assess  the  value  of  the  same,  including  improvements,  at  two  thous- 
and five  hundred  dollars,  cash  value,  and  hereby  allot  and  set  ofif  to 
said  defendant  the  southeast  quarter  of  the  southwest  quarter,  and 
ten  acres  across  the  southern  portion  of  the  northeast  quai-ttr  of 
the  southwest  quarter,  the  said  allotment  embracing  the  dwelling- 
house  and  out-houses  of  said  defendant. 

Made  and  allotted,  this  day  of  ,  1876,  and  delivered  to 

the  Sheriff  of  said  county;  {or,  ij  the  land  exceeds  eightij  acres-,  allot 
eighty  acres,  if  it  does  not  exceed  $2000  in  value;  or,  if  only  eighty 
acres,  and  not  loorth,  in  cash,  over  $'2000,  allot  the  homestead.) 

A.  h., 

C.  D., 
E    F., 

Freeholders. 


^Z^i^^^^<- 


^*^  " 


§  2138.]     .\u.   121.-.4:FTAQ'IIME-^TT   CONTESTED— PLAIN- 
TIFF'S AFFIDAVIT. 

State  of  Mississippi,^ 
Copiah  County.  (       ' 

Personally  appeared  before  the  undersigned,  Justice  of  the  Peace 
for  said  county,  Thomas  Pollock,  who  being  by  me  first  duly  sworn, 
on  ojtth  says,  that  J.  P.  Matthews,  Sheriff  of  said  county,  by  virtue 
of  an  execution  in  his  hands,  duly  issued  by  Horace  Millsaps,  a 
Justice  of  the  Peace  for  said  county,  in  favor  of  affiant  and  against 
Roliert  Buie,  on  a  judgment  of  said  Justice,  for  the  sum  of  one 
hundred  and  fifty  dollars,  interest  and  cost,  was  levied  by  said 
Sheriff  on  cenain  lands  of  said  Buie,  which  was  claimed  as  exempt 
as  a  homestead,  under  the  laws  in  that  behalf,  and  that  in  pursuance 
of  the  statute  made  and  provided,  A.  B.,  C.  D  ,  and  E.  F.  were 
duly  selected,  a?  freeholders  of  said  county,  to  setoff  to  said  defend- 
ant a  portion  of  said  land,  embracing  the  dwelling-house  and  out- 
houses, and  not  exceeding  eighty   acres  of  land,   nor  two  thousand 

dollars  in  value  ,  that  said  freeholders  did,  on  the  day  of ., 

1876,  make  said  allotment,  giving  to  said  defendant  all  of  said  land, 
l>eing  eights'  acres,  and  assessing  the  same  as  not  exceeding  in  value 
$2,500  ; '^that  this  affiant,  plaintHf  as  aforesaid,  verily  believes  the 
allotment  made  by  said  freeholders,  is  not  correct  {and  that  the 
I'.tnd  so  alloted  by  them,  or  some  part  of  it,  is  liable  to  sale  under  his 
said  execution  ;)  wherefore  affiant  prays  a  summons  may  issue  for 


///  Civil  Cases.  •"^'^ 

said  defendant,  to  appear  and   answer  this    aflidavit,   and  tliereupon 
an  issue  l)e  made  up  in  the  pixMiiises,  and  tried. 

Thomas  Pollock. 
Sworn  to  am-l  sultscrilx'd,  this  day  of   ,  1876. 

IIOKAC'l-;    MiLLSAPS,    J.  P.    [SEAL.] 


§2139.]      No.  12:).— ALLOTMENT  C0NTKSTK1)-DP:FEND- 

ANT'S  AFFIDAVIT. 

[  This  affidavit  is  like  phiintiff's,  chansins  it  to  suit,   in  names,  and  for 
that  part  in  brackets,  stating  distinctly  wherein  he  believes  it  is  not  correct.] 


§2142.] 

No.  126.— SPECIAL  JUDGMENT  AGAINST  PROPERTY  FOR 

PURCHASE  MONEY. 

This  day  come  the  parties  in  person  and  by  their  attorneys,  and 
the  witnesses  and  all  the  evidence  in  the  cause  heard,  and  the  papers 
and  proofs  submitted  and  examined,  the  court  assesses  the  damages 

of  plaintiff  at  $ It  is  therefoic  considered  and  adjudged  by 

the  court  that   tlie    said    plaintiff  do  have   and   recover  of  and  from 

said  defendant  the  sum  of dollars,  the  amount  sued  for,  and 

costs  of  suit,  to  be  levied  of  his  goods  and  chattels",  lands  and  tene- 
ments, for  which  execution  may  issue.  And  the  court  further  con- 
siders and  adjudges  that  the  certaia  brown  mare  mule,  now  in  pos- 
session of  said  defendant,  for  wdiich  the  said  nolo,  {or  account)  in 
this  action  sued  on  was  given,  is,  by  tliis  judgment,  especially  and 
expressly  condemned  to  tiie  satisfaction  of  the  amount  due  on  said 
note,  for  which  special  execution  may  issue. 

NoTK. — The  execution  also  must  describe  the  property  purchased,  as  in 
the  judgment.  This  whole  matter  of  having  only  what  the  law  gives,  and 
claiming  property  as  exempt,  is  most  grossly  and  criminally  abused.  A 
closer  examination,  by  diligent  and  honest  officers,  would  not  only  assist,  in 
the  end,  in  advancing  the  morals  of  the  people,  but  make  men  more  cautious 
in  going  into  debt,  and  more  prompt  in  paying  what  they  owe. 


PRO  .^I  I  S  S  O  R  Y     NOTES,     E  N  D  O  R  S  E  R  S     A  N  D 
PROTESTS. 

§2228.] 

No.  127.— NOTE  ASSIGNED  BY  ENDORSEMENT. 

$13.3  00  Jackson,  ^Iiss.,  January  1st,  1875. 

On  or  before  the  1st  day  of  January,  1876,  I  promise  to  pay  to 
H.    S.    Carter  (or,  or   order),  the  sum   of  one  hundred  and  thirty- 


5S  Justice  Forms 

tive  dollars,  value  received  of  him,  with  interest  at  the  rate  of  ten> 
per  ct.  per  annum  from  date.  S.  H,  Haut. 

(Endorsed  on  the  back:) 
'     Assigned   to  G.    H.   Smith,  for  value  received,  this   15th  day  of" 
October,  1875.  H.  S.  Carter. 


\ 


§2228.  No.  12S.— NOTICE  OF  ASSIGNMENT. 

Jackson,  ]Miss.,  Oct.  15t,h,  1875^ 
S.  H.  Hart,  Esq.  : 

Deak  Sir — You  will  take  notice  that  H.  S.  Carter  has  this  day 
assigned  to  nie,  for  value  received,  3'our  note  to  him  of  date  Jan.. 
1st,  1875,  for  one  hundred  and  thirty-five  dollars. 

G.  H.  Smith. 


No.    129.— GENERAL     ASSIGNMENT,     WITH     POWER     OF 

ATTORNEY. 

(Recorded,  it  becomes  general  notice.) 

Know  all  men  by  these  presents,  that  I,  John  II.  Wilkes,  late 
merchant  in  the  town  of  Beauregard,  Copiah  counts'  and  State  of 
Mississippi,  for  value  received,  have  sold,  and  by  these  presents  do 
sell,  assign  and  deliver  unto  Few  Ball,  all  my  books  ot  accounts,  and 
each  and  every  account  therein  entered,  now  due  and  owing  to  me 
(or,  a  judgment,  or  the  full  description  of  anything  assigned),  to  have 
and  to  hold  the  same  unto  said  Few  Ball,  his  heirs,  assigns  and  legal 
representatives  Ibicver,  to  and  for  their  only  nse  and  behoof,  hereby 
constituting  and  appointkig  said  Few  Ball  my  true  and  lawful  attor- 
ney in  m}'  name,  place  and  stead,  for  the  purposes  aforesaid,  to  ■ 
demand,  sue  for,  attach  and  recover  all  such  sums  whiclr  are  now- 
due  me,  as  well  as  all  such  as  mav  hereafter  become  due  and  i)aya- 
ble,  for  or  on  account  of  all  or  any  of  the  book  accounts,  dues,, 
debts  and  demands  above  assigned,  hereby  giving  unto  said  assignee- 
and  attorney  full  power  to  do  and  perform  all  lawful  things  in  the 
premises,  as  fully  as  I  might  or  could  do  if  personally  present,  with 
full  power  of  substitution  and  revocation,  hereby  confirming  all  said, 
assignee  and  attorne}-,  or  his  substitute,  shall  lawfully  do  or  cause- 
to  be  done  in  the  premises  by  virtue  hereof. 

In  witness  of  wliich,  I  have   hereunto    sot   my  iiand  and  seal  thi.s- 

day  of ,  1875. 

John  H.  Wilkes,  [seal.] 


No.   130.— ASSIGNMENT  OF  A  BOND. 

(  To  be  endorsed  on  the  Bond.) 

Know    all  men   by  these   presents,    That  I.  John  Smith,    jn  ^1,^,. 
within  oliligation   named,   for  and   in   consideration  of  the 


Ill  Civil  Cases.  59 

scA'cnty-five  tlolhiis,  luilo  inc  tliis  day  paid,  hv  William  Junes,  the 
receipt  of  which  1  hei-eby  iickiiowlcdgo,  liavc  assigned,  transfei-rcd, 
and  set  over,  unto  the  said  Jones,  his  heirs,  assigns,  and  legal  repre- 
sentatives, to  and  for  his  and  their  only  use  and  behoof,  the  within 
obligation,  which  is  given  and   executed   by  Thomas  Watkins  and 

Samuel  Nolins,  to  said  Smith,  bearing  date  the  day  of , 

1876,  to  secure  the  payment  of  ninety  dollars,  with  lawful  interest, 
as  therein  fully  expressed  ;  together  with  all  rights,  remedies,  inci- 
dents, and  appurtenances,  whatsoever,  thereunto  belonging,  or  in 
any  Avise  appertaining,  and  all  ray  right,  title,  and  interest  therein, 
in  witness  of  which  I  have  h'^rennto  set  ray  hand  and  seal,  this 

day  of  ,  187(). 

John  Smitji,  [seal.] 


No.  133.— DOIVIESTIC  BILL  OF  P:XCHANGP:  OR  DRAFT.    * 
$125  00.  Beaiikkgakd,  Miss.,  Oct.  10,  1874. 

At  sight  [or,  30,  GO,  90  dn,is  after  si<iht  or  date,)  for  value  received, 
please  pay  to  Samuel  IJrovvii,  or  order,  one  hundi'ed  and  twenty-live 
dollars,  on  account  of, 

Yours  respectfully,  Benj.   Kixu. 

To  J.  &  T.  Green,  Jackson,  Miss. 


SURETIES     A  N  D     J  O  I  N  T     D  i:  B  T  O  R  S . 

§  2257.]  No.  132.— NOTICE  BY  SURETY. 

Magnolia,  Miss  ,  Nov.  2,  1876. 

Mr.  W.  \V.  Vaught  :  Dear  Sir— The  note  held  by  you  for  one 
liundred  and  ten  dollars,  signed  by  A.  M.  Tendall,  and  by  rayself  as 
surety,  became  due  on  the  tirst  instant,  and  I  hereby  notify  you  to 
commence  and  prosecute  legal  proceedings  against  said  Tendall, 
principal,  i'or  th(!  recoveiy  of  said  debt. 

Respectfully,  J.   ^I.   Causey. 

Note. — The  creditor,  after  the  foregoing  notice,  must  commence  suit 
Avithin  thirty  days,  or  the  surety  or  endorsee  for  accommodation,  is  dis- 
charged. ()u  a  judgment  and  execution  against  principal  and  surety,  for 
the  purpose  of  making  all  the  money  out  of  principal,  surety  should  file  his 
affidavit;  if  he  does  not  do  so,  the  officer  makes  the  money  the  easiest  way, 
out  of  either. 


§  2261.]  No.  133. -AFFIDAVIT  OF  SURETY. 

State  of  ^Mississiiti,) 

-   ss 
Copiah  C-ounty.   '    )    ' " ' 

Personally  ap[ieared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  E.  A.  Rowan,  who  being  b}-  me  duly  sworn,  on  oath 


GO  •        Justice  FoTins 

says,  that  he  is  only  surety  on  a  certaiu  promissory  note  signed  by 
^George  Miller  and  liimseli',  for  one  hundred  dollars,  payable  to  H. 
Hartlow.  upon  which  note  judgment  was  obtained  before  John  F. 
Groorae,  a  Justice  of  said  count}',  and  execution  issued  thereon,  on 
the  day  of ,  1876  ;  wherefore  alliant  makos  this  affida- 
vit and  hies  the  same  with  the  Sheritf  {or.  Constable,)  of  said  county 
holding  said  execution,  for  his  [)rotection  in  this  behalf. 

E.  A.   Rowan. 

Sworn  to  and  subscribed,  this  <lay  of  ,  1876. 

John  F.  Groome,  J.  P.  [seal.] 


PUBLIC      ROADS. 

jq-QTE. — The  laws  on  the  subject  of  working  roads  in  this  State  are  very 
i»ull  and  very  good,  the  difficulty  is,  they  are  in  no  wise  enforced.  Let  the 
overseers  act  promptly  and  vigorously  under  Sees.  2354, 2355  and  2356.  Few 
delinquents  are  reported,  and  those  who  are,  generally  escape,  because  the 
overseer  has  not  fully  complied  with  the  law.  Use  the  following  forms,  and 
few  will  escape. 

S  2354.] 

No.  13L— appointment  TO  NOTIFY  HANDS. 

Copiah  County,  Miss.,  March  9th,  1876. 
Albert  Ferguson  : 

1  hereby  appoint  you  to  notify  and  summon  the  road  hands 
named  in  the  annexed  list,  belonging  to  my  road,  being  that  part  of 
the  Rockport  road,  beginning  at  the  corporation  line  of  Beauregard 
on  the  east,  and  running  five  miles,  to  meet  me  at  the  corporation 
line  of  said  town,  on  said  road,  at  8  o'clock,  a.  ji.,  on  the  14th  day 
of  March,  1876,  with  the  tools  set  down  with  each  name,  to  work 
on  and  repair  said  road  for  three  days,  if  so  long  a  time  shall  be 
found  to  be  necessary.  And  herein  fail  not,  or  become  liable  to  a 
penalty  of  ten  dollars. 

John  Ckawford,  Overseer. 
(Attach  to  this  note  your  list  of  hands,  as  follows:) 

LIST  OF  HANDS. 

List  ot  road  hands  owing  service  on  the  part  of  Rockport  road, 
commencing  at  the  corporation  of  Beauregard,  and  running^  east 
five  miles,  to  be  summoned  to  work  on  said  road,  by  Albert  Fergu- 
son, one  of  said  hands,  on  the  14th  day  of  March,  1876.  and  the 
tools  for  each  to  bring  with  them  designated: 

Solomon  Bruce,  chopping  ax. 

James  Buchanan,  grul)bing  hoe. 

Jesse  Rose,  weeding  hoe. 

Henry  Washington,  weeding  hoe. 

John  iMorgan,  one  horse  and  plow. 

p]lbert  Dunhar.  weeding  hoe. 

Thomas  Hamilton,  weeding  hoe. 

John  Crawford,  Overseer. 


I^^  Civil  Cases.  (jl 

AFFIDAVIT. 
(To  be  writtou  oii  or  attached  to  list.) 
State  op  Mississippi,  Copiah  County.  }>ss. 

Personally  appeared  before  the  vindersi,o;ncd  Justice  of  the  Teace 
for  said  county,  Albert  Ferguson,  named  in  the  foregoing  list,  and 
made  oath  that  he  personally  (or,  by  ivrilten  note  left)  notified  and 
warned  each  and  every  one  named  in  said  list,  on  the  10th  day  of 
March,  1876,  designating  the  tools  named  for  each  to  bring  with 
him,  and  the  place  of  meeting.  Albert  Fekgusox. 

Sworn  to  and  subscribed  this  Klh  day  of  ^larch,  1876. 

E.  F.  MuLLiNs,  J.  p. 


552355.]     No.  135.— OVP: USEE R\S  DELINQUENT  LIST. 

To  E.  F.   Mullins,   Esq.,  Justice   of  the  Peace  for  the  couuty  of 
Copiah  and  State  of  Mississip[)i : 

The  undersigned,  road  overseer,  duly  appointed  and  commissioned 
by  the  Board  of  Supervisors  for  said  county,  for  that  part  of  the 
Rockport  road  commencing  at  the  corporation  line  of  the  town  of 
Beauregard,  on  the  east,  and  continuing  five  miles,  would  respect- 
fully report  that  on  the  10th  day  of  Warch,  1876,  he  caused  the 
hands  allotted  to  said  road  to  be  summoned  to  work  said  road,  and 
to  meet  for  that  purpose  at  the  corporation  line  of  said  town,  on  the 
14th  day  of  March,  1876,  a  list  of  those  summoned,  sworn  to  by 
the  party  making  the  summons,  hereto  attached;  that  on  said  day 
.  and  for  the  two  succeeding  days,  there  failed  to  appear  and  perform 
the  service  required,  or  to  furnish  a  substitute,  or  to  pay  the  com- 
mutation money,  the  following  persons: 

John  xMorgan,  with  horse  and  plow, 
Elbert  Dunbar, 
Thomas  Hamilton. 
And  the  foregoing  list  contains  the  names  of  all  delinquents. 

Jonx  Craw^ford,  Overseer. 
Sworn  to  and  subscribed  this  17th  day  of  March,  1876. 

E.  F.  Mullins,  J.  P. 


§  2356.]         No.  136.— WARRANT  FOR  ARREST  OF  DELIN- 
QUENT HANDS. 

TuE  State  op  Mississippi, 

To  the  sheriff  or  any  constable  of  Copiah  county,  Greeting: 

We  command  you.  That  you  take,  fortliwith,  the  bodies  of  John 
Morgan,  Elbert" Dunbar,  and  Thomas  Hamilton,  if  to  be  found  in 
your  county,  and  them  safely  keep,  so  that  you  have  them  before  the 
undersigned  Justice  of  the  Peace  for  said  county,  at  his  otlice  therein, 
on  the  r8th  day  of  March,  1876,  to  answer  the  State  of  Mississippi 
on  a  charge  of  failing  to  work  on  the  public  roads  of  said  county, 
after  due  and  formal  notice  given  of  tlic  time  and  place,  by  the  over- 


62  Justice  Forms 

seer  thereto  authorized,  contrary  to  tlie  form  of  the  statute  in  such 
case  made  and  provided  ;  and  have  then  there  this  writ. 
Witness  my  hand  and  seal  this  17th  day  of  March,  1876. 

E.  F.  MuLLiNS,  J.  P.  [seal.] 

XoTE. — Tlie  delinquent  can  either  pay  tlie  fine,  upon  proof  of  failure,  go 
to  jail  one  month,  or  give  bond  to  immediately  report  to  the  overseer,  and 
do  his  portion  of  work. 

§  235G.J         No.  137.— BOND  TO  PERFORM  LABOR. 
Statk  of  Mississippi,  ) 

^    SS 

Copiah  County.        j 

Know  ail  men  by  these  presents,  That  we,  John  Moi-gan  and  Wiley 
J.  Tillman,  are  held  and  firmly  bound  unto  John  Crawford,  overseer 
of  part  of  the  Rockport  public  road,  in  said  count}^  and  to  his  suc- 
cessors, in  the  penal  sum  of  one  hundred  dollars,  for  which  pa^^- 
raent  well  and  truly  to  be  made,  we  bind  ourselves  and  our  legal 
representatives,  jointly  and  severally,  firmly,  by  these  presents  ; 
signed  with  our  names,  and  sealed  with  our  seals,  this  ISth  day  of 
M^arch,  1876. 

The  condition  of  this  obligation  is  such.  That  whereas  the  above 
bound  John  Margan  having  been  this  day  arrested  as  a  delinquent 
hand  on  the  road  aforesaid,  by  E.  F.  Mullins,  Justice  of  the  Peace 
for  said  count}^  and  lined  in  the  suni  of  six  dollars,  for  three  daj's' 
delinquency  ;  and  whereas,  the  said  delinquent  being  discharged 
from  custody  by  said  Justice,  upon  the  execution  and  approval  of 
these  presents  ;  Now,  if  the  said  John  ^Morgan  shall  immediately 
report  himself  to  the  overseer  of  said  road,  or  his  successor,  and 
perform,  under  his  direction,  labor  on  said  road,  for  the  period  for 
which  he  is  delinquent,  at  such  times  as  said  overseer,  or  his  suc- 
cessor, may  appoint,  and  pa}-  the  costs  of  the  proceedings  against 
him,  this  obligation  shall  be  void,  otherwise  to  remain  in  full  force 
and  effect.  John  Morgan,  [seal.] 

Approved:  Wiley  J.  Tillmax,   [seal.] 

E.  F.  Mullins,  J.  P. 

Note. — It  is  the  duty  of  the  Justice,  and  he  should  in  no  wise  omit  it,  to 
render  judgment  on  the  foregoing  bond,  against  the  obligors  therein,  within 
thirty  days,  unless  he  has  been  satisfied,  by  full  proof,  that  the  condition 
has  been  faithfully  performed. 


CUTTING  TIMBER  AND  OTHER  TRESPASSES. 

§  2473.] 

No.  138.— ACCOUNT  FOR  SUIT  IX  CUTTING  TIMBER. 

Copiah  County,  Miss.,  May  8,  1876. 

D.  C.   Wright,  To  A.  P.   Barry,  Dr. 

April  6,  1876,  To  cutting  down  {or,  ciitiing  doicn  and  taking 
away,  or  deadninrj)  ten  pine  trees,  on  my  land,  in  Copiah 
county,  at  So,  (o'/■^$10,  or  815),   for  each  tree !F50  00 


In  Civil  Cases.  63 

<  2478.] 

No.  l^'J. -ACCOUNT  FOR  SUIT  FOR  TAKING  BOAT. 

Copiah  County,  Miss.,  July  20,  1870. 

Jolm  Ilennington,  To  C.   A.  Ray,  Di-. 

Jul^' 4,  1S7G.  To  taking' lavay  [or,  lousinri)  from  iny  laiuliiii;- 
on  Pearl  river,  in  said  county,  my  yawl  (^or  sk/ff,  or  flat,) 
without  my  leave §20  00 

To  cx[)cnse.s  i)ai(l  Will.  Jenkins  in  securing  and  returning  yawl,     3  00 


$23  00 


.s<  2481.J  No.  140.— RAFTSMENS'  AFFIDAVIT. 

(  To  be  recorded  by  Chancery  Clerk  in  "Rafting  Record.) 
State  of  Mississippi,  Claiborne  County  }■  ss. 

Personally  appeared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  Robert  Nally,  raftsman,  who  being  by  me  dul}' 
sworn,  on  oath  says,  that  he  is  abont  to  engage  in  cutting  and  raft- 
ing, for  sale  [or,  for  transportation,)  certain  cypress  and  ash  timber, 
on  sections  seventeen  and  nineteen,  in  township  thirteen,  of  range 
eleven  east,  in  said  county,  and  that  the  authority  by  which  he  acts 
is,  the  Avritten  permission  of  John  B.  Thrasher,  who  claims  said 
sections  as  his  property.  Robert  Nally. 

Sworn  to  and  subscribed,  this  10th  day  of  January,  1876. 

Alec.  Hutchinson,  J.  P. 


JUSTICE     AS     C  ()  RONE  R. 

;^  245.]  No.  141.— SUMMONS  FOR  JURY. 

State  of  Mississippi,  Copiah  County.  )■  s?. 

To  the  sheriff  or  an^-  constable  of  said  count}-: 

You  are  required,  immediately  upon  sight  hereof,  to  summon  six 
good  and  lawful  men  of  said  county,  to  appear  before  me,  Peter 
Trawick,  a  Justice  of  the  Peace  of  said  county,  at  the  residence  of 
William  Norman,  in  said  county,  on  the  7th  day  of  June,  1876,  at 
the  hour  of  4  o'clock  in  the  afternoon  of  said  daj^  then  and  there 
to  enquire  of,  do,  and  execute  all  such  things  as,  on  behalf  of  the 
State,  shall  be  lawfully  given  them  in  charge,  touching  the  death  of 
A.  B.  (or,  a  certain  2Jerson  unknown);  and  be  you  then  and  there,  to 
certify  what  you  shall  have  done  in  the  premises,  and  further  to  do 
and  execute  what,  in  l)ehalf  of  the  State,  may  then  and  there  be 
enjoined  on  3'ou. 

Given  under  my  hand  and  seal,  at  Rockport,  in  said  county,  the 
7th  da}'  of  June,  1876.  Peter  Tuawick,  J.  P.  [seal.] 


(34  Justice  Forms 

g  248.  No.  142.— OATH  OF  JUEORS. 

You  and'each  of  3'ou  do  solemnly  s^'ear  that  you  will  diligently 
inquire,  and  true  presentment  make,  ou  behalf  of  the  State  of  Mis- 
sissippi, how  or  in  what  manner  X.  B.  {or,  the  person  unJcnovm),  here 
lying  dead,  came  to  his  death,  and  of  such  other  matters  relating  to 
the  same,  as  shall  be  lawfully  required  of  you,  according  to  the  evi- 
dence.    So  help  you  God  ! 

§  247.]  No.   143.— OATH  OF  WITNESSES. 

You  do  solemnly  swesr  that  the  evi.lence  you  shall  give  to  this 
inquest,  on  behalf  of  the  State,  touching  the  death  of  A.  B.,  shall 
be  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 

Note. — After  the  jurors  are  sworn,  the  Justice  must  give  them  a  charge, 
as  contained  in  section  250.  bv  reading  the  same  to  tliem. 


§250.]  No.  144.— VERDICT  OF  JURY. 

We,  the  jtuy,  sitting  as  an  inquest,  upon  the  body  of  A.  B.,  do 
find  that  the  said  A.  B.  came  to  his  death  by  the  act  of  God,  in  that 
he  died  by  disease  of  the  heart  (or,  in  a  Jit  of  apoplexy.) 

(Signed  by  the  Jurors.) 
Or— 

We,  the  jury,  sitting  as  an  inquest,  upon  the  bod^^  of  A.  B.,  do 
find  that  the  said  A.  B.  came  to  his  death  on  the  morning  of  the 
7th  day  of  June,  1876,  by  reason  of  a  gun  shot  wound  in  the  body 
of  said  A.  B.,  made  and  fired  therein  by  C.  D.,  with  a  double-barrel 
shot  gun,  in  the  hands  of  C.  D.,  on  the  6th  day  of  June,  1876,  in 
the  county  of  Copiah  -  the  same  being  done  in  a  difficulty  between 
the  said  A.  B.  and  C.  D.,  on  the  public  river  road  ;  we  further  find 
that  E.  F.  and  G.  H.  were  near  by  at  the  time  of  the  shooting,  and 
that  J.  K,  and  L.  M.  were  present  immediatel^'^  before  and  at  the 
death  of  said  A.  B. ;  and  we  further  find  the  said  C.  D.  guilty  of 
manslaughter  {or,  murder,  or,  that  said  C.  D.  acted  alone  in  self- 
defense,  and  that  the  hornocide  was  justif  able.) 

(Signed  by  Jury. 

Note. — In  case  the  verdict  of  the  jury  should  find  any  one  guilty  of  tlie 
death,  as  principal  or  accessory,  by  murder  or  manslaughter,  and  not  in 
necessary  self-defense,  the  Justice  should  at  once  put  the  evidence  in  writing, 
bind  the  witnesses  to  appear  before  him,  or  the  next  Circuit  Court,  and  issue 
.  a  Avarrant  for  the  arrest  of  the  parties  causing  the  death,  if  not  already  in 
custody. 

AGRICULTURAL    LIEN    LAW,     AND     FRAUD- 

U  L  1^:  N  T     REMOVAL     OF     INI  O  R  T  G  A  G  E  D 

PROPER  T  Y . 

Acts  1876,  page  110.] 

Xo.   145.— AFFIDAVIT    FOR   WAGES    BY   CROP  LABORER. 

State  of  Mississippi,  Copiah  County  )-  ss. 

Personally  appeared  before  the  undersigned  Justice  of  the  Peace 


In  Civil  Cases.  65 

for  said  county,  ironry  "Whitfiold,  who  states  on,  oath  that  Allen 
Case  is  justly  indebted  to  him  in  the  sum  of  sixty  dollars,  which  he 
refuses  to  pay,  lor  wages  due  and  unpaid,  for  work  and  labor  done 
on  the  farm  of  said  Case,  in  said  county,  whereon  said  Case  resides, 
in  building  fences,  ploughing  land,  planting  and  working  a  crop  of 
corn,  cotton,  potatoes  and  peas,  for  liv3  montlis,  from  the  lirst  day 
of  March  to  the  lirst  day  of  August,  1876,  at  the  rate  of  twelve 
dollars  per  month,  for  and  under  contract  with  said  Case  ;  that  Sam- 
uel Mouse  and  liis  wife,  Margaret,  and  Willis  Calhoun  Avorked  on 
said  farm  with  affiant  during  the  said  year,  in  cultivating  and  gath- 
ering said  crops,  and  still  reside  and  work  thereon,  and  claim,  as 
your  affiant  is  informed,  an  interest  in  said  crops-  that  said  Case 
has  gathered,  ginned  and  baled,  and  has  ready  for  market,  two  bales 
of  cotton  of  said  crop,  on  said  farm; 

Or,  has,  at  Mathews'  gin  house,  a  lot  of  cotton  of  said  crop; 

Or,  has  delivered  to  Dover  &  Morris,  merchants  in  the  town  of 
Beauregard,  said  county,  one,  or  two,  or  three  bales  of  cotton  of 
said  crop,  sold  to  them  or  for  shipment; 

Or,  has  in  crib  so  iruch  corn  and  peas  of  said  crop;  or^  pumped 
so  many  bushels  ot  potatoes  of  said  crop; 

Wherefore,  your  afti^^nt  prays  the  writ  of  seizure  and  summons, 
as  by  law  directed,  that  said  agricultural  products  may  be  subjected 
to  his  lien  thereon,  and  that  justice  may  be  done  in  the  premises. 

Henry  Whitfielu. 

vSworn  to  and  subscribed  this  10th  day  of  October,  1S76. 

B.  F.  JoNKS,  J.  P.   [seal.] 


Acts  1876,  p.  110. 

No.  146— AFFIDAVIT  FOR  SHARE  OF  CROP  BY  LABORER. 

State  of  Mississippi,  Copiah  County.  J»ss. 

Personally  appeared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  Lawson  Anderson,  who  states  on  oath,  that  on  the 
15th  day  of  January,  1876,  affiant  made,  with  G.  W.  Mathews,  of 
said  count}',  a  verbal  contract  {oi%  ivritten  contract,  a  cox>y  of  xohich 
is  hereto  attached),  for  the  year  1876,  to  work  thirt}'  acres  of  land 
of  the  farm  of  said  Mathews  in  said  county,  on  which  said  Math- 
ews now  resides  (or,  situated,  iicc),  the  same  to  be  planted  in  corn 
and  cotton,  in  equal  parts  or  thereabouts;  that  said  Mathews  agreed 
to  furnish  affiant  house  room,  team  and  suitable  implenients  and 
seed,  for  pre[jaring  the  land,  cultivating  and  gathering  said  crops, 
as  also  to  feed  such  team;  while  affiant,  on  his  part,  was  to  furnish 
the  labor  necessary  to  prepare,  cultivate,  gather  and  make  the  same 
ready  for  market,  and  each  party  was  to  have  an  equal  share  ot  all 
said  crops,  so  raised  and  gathered;  that  on  said  land  affiant  raised 
and  put  into  the  cribs  of  said  Mathews  two  hundred  and  fifty  bush- 
els of  ftorn,  and  has  picked  and  put  into  cotton  houses  {or,  f/ui 
house)  oa  said  farm,  cotton  sufficient  to  make  eight  bales;  that  said 
Mathews  has  hauled  off  and  sold  five  bales  of  cotton  raised  bv  affi- 


66  Justice  Forms 

ant,  and  proposes,  in  the  division  of  said  crop,  to  give  afliant  onlj^ 
one  bale  of  cotton  and  fifty  bushels  of  corn,  and  refuses  otherwise 
to  settle  Avith  afliant,  owing  to  some  pretended  setoff  against  ailiant;. 
that  all  of  said  corn  now  remains  on  said  farm,  as  also  as  much 
cotton  in  the  seed  aswill  make  three  bales;  wherefore,  afliant  pra3's 
the  writ  of  seizure  and  summons,  as  by  law  directed,  that  said  agri- 
cultural products  be  subjected  to  his  lien  thereon,  and  that  an  equi- 
table division  of  the  same  be  ordered. 

Lawson  Anderson. 
Sworn  to  and  subscribed  this  20th  day  of  November,  1876. 

Horace  Millsaps,  J.  P.  [seal.] 

Acts  1876,  page  111. J 

No.  147.— WRIT  OF  SEIZURE  AND  SUMMONS  FOR  WAGES. 

ON    CROP. 

State  of  Mississippi, 

To  the  Sheriff  or  any  Constable  of  Copiah  County: 

Whereas,  Henry  Whitfield  has  this  day  filed  before  the  undersigned 
Justice  of  the  Peace  for  said  county,  an  affidavit  claiming  the  sum 
of  sixty  dollars  as  wages  due  and  unpaid  for  work  and  labor  done 
on  the  farm  of  Allen  Case,  in  said  county,  for  five  months,  from  the 
1st  day  of  March  to  the  1st  day  of  August,  1876,  at  the  rate  of 
twelve  dollars  per  month,  in  building  fences,  ploughing  land,  and 
planting  and  working  a  crop  of  corn,  cotton,  potatoes  and  peas,  on 
said  farm,  and  for  said  Case;  and  that  Samuel  House  and  Margaret, 
his  wife,  and  Willis  Calhoun  worked  with  afliant  during  said  3'ear,. 
on  said  farm,  and  believed  to  be  interested  in  said  crops;  and, 
whereas,  said  Case  refuses  to  pay  said  afliant  the  said  sum  for  said 
wages,  and  has  read}'  for  market,  on  said  farm,  two  bales  of  cotton, 
and  has  in  cribs,  on  said  farm,  two  hundred  bushels  of  corn,  of  said 
crops;  Therefore,  we  command  you  to  seize  such  agricultural  pro- 
ducts, or  so  much  thereof  as  shall  be  suflicient  to  pay  the  complain- 
ant's demand,  and  all  costs,  and  to  safely  hold  the  same,  so  as  to- 
have  it  subject  to  the  further  order  of  said  Justice,  and  that  you 
summon  the  said  Case,  or  other  persons  in  possession  of  said  pro- 
ducts, and  the  said  Samuel  House  and  his  wife,  Margaret,  and  Willis 
Calhoun,  if  to  be  found  in  3'our  county,  as  defendants  hereto,  to  be 
and  appear  before  said  Justice,  on  the  15th  day  of  October,  1876,  and 
show  cause,  if  any  they  have  or  can,  why  such  products,  or  so  much 
thereof  as  shall  be  sufficient  for  that  pur[>ose,  shall  not  be  sold  to 
satisfy  the  claim  aforesaid,  and  all  costs.  Herein  fail  not,  and  have 
you  then  there  this  writ,  with  your  proceedings  thereon  endorsed. 

Witness  my  hand  and  seal  this  lOtli  October,  1876. 

E.  F.  MuLLiNS,  J.  P.  [seal.] 


Acts  1876,  page  111. 

No.  148.— WRIT  OF  SP:iZURE  AND  SUMMONS— SHARE  OF 

CROP. 
The  State  op  Mississippi, 

To  the  Sheriff  or  any  Constable  of  Copiah  count}': 
Whereas,  Lawson  Anderson   has  this  day  filed  before  the  under- 


In  Civil  Cases.  ^^7 

signed  Justifo  of  the  Foaco  for  said  couiily,  an  aflidavit  claiiuiiii? 
four  bales  of  cotton  and  one  hundred  and  twenty-live  bushels  of 
corn,  as  his  share  of  a  certain  crop  of  cotton  and  corn,  raised  and 
jjatlicred  by  affiant  on  the  farm  o(  G.  W.  Mathews,  in  said  county, 
during  the  year  1870,  under  and  by  virtue  of  a  contract  with  said 
Mathews;  and  whereas,  we  are  informed  by  said  aflidavit  that  said 
]\[atiiews  is  removing  and  disposing  of  stud  cotton,  or  some  part 
thereof,  and  refuses  to  deliver  to  alHant  his  share  of  the  same,  or  of 
saul  corn,  and  that  there  remains  on  said  farm  two  hundred  and  fifty 
bushels  of  corn  and  seed  cotton  sufficient  to  make  three  bales  of 
cotton;  Therefore,  we  command  you  to  seize  the  said  agricultural 
product?,  or  so  much  thereof  as  shall  be  sufficient  to  satisfy  com- 
plainant's demand,  and  ail  costs,  and  to  safely  hold  tlie  same,  so  as 
to  have  it  subject  to  the  further  order  of  said  Justice,  and  to  sum- 
mon the  said  Mathews,  or  the  persons  iu  possession  of  said  products 
{and  the  i^erson  occupying  said  land  and  premises,  if  Mathews  does 
'not),  to  be  and  appear  before  the  said  Justice,  on  the  25th  day  of 
November,  1876,  and  show  cause,  if  any  ihey  have  or  can,  why  such 
share,  or  proportionate  share,  of  the  said  crops  as  he  may  be 
adjudged  entitled  to  shall  not  be  divided,  set  apart,  and  delivered  to 
said  complainant.  Herein  fail  not,  and  have  you  then  there  this- 
writ,  with  your  proceedings  thereon  endorsed. 

Witness^my  hand  and  seal  this  25th  day  of  November,  1876, 

Horace  Millsaps,  J.  F.  [seal.] 


Note. — Upon  seizure,  the  parties  may,  by  mutual  consent,  settle  and  com- 
promisie  all  controversy,  by  paying  costs,  the  same  to  be  endorsed  by  the 
officer,  on  the  writ.  This  can  be  done  in  most  every  instance,  and  should 
always  be,  if  tlie  parties  can  at  all  agree.  The  last  affidavit  and  writ  for 
share  applies  also  to  the  remedy  by  the  landlord,  as  the  first  applies  for  sup- 
plies furnished  laborer,  and  can  be  altered  to  suit  his  complaint.  If  the 
judgment  of  the  Justice  be  for  complainant,  he  issues,  at  once,  his  writ  of 
possession,  for  the  share  determined  in  the  judgment.  In  case  of  wages, 
execution  issues  and  sufficient  property  sold  to  pay  judgment  and  costs. 


Acts  1876,  page  112.]        No.  149.— WRIT  OF  POSSESSION. 

The  State  of  Mississippi, 

To  the  sheriff  or  any  constable  of  Copiah  county: 

Whereas,  on  the  25th  day  of  November,  1876,  a  judgment  was 
rendered  by  the  undersigned  Justice  of  the  Peace  for  said  county, 
for  two  bales  of  cotton  and  eighty  bushels  of  corn,  in  favor  of  Law- 
son  Anderson,  as  his  share  of  a  certain  crop  raised  and  gathered  by 
him,  during  said  year,  on  the  farm  of,  and  under  contract  with,  G. 
W.  :Mathews,  in  said  county;  Now,  therefore,  these  are  to  command 
you,  without  delay,  to  immediately  proceed  to  divide,  set  apart,  and 
"deliver  to  the  said  Lawson  Anderson,  the  said  two  bales  of  cotton 
and  eighty  bushels  of  corn,  as  his  proportionate  share  of  said  crop, 


68         •  Justice  Forms 

nnd  to  redeliver  to  said  Matliews  whatever  other  agricultural  pro- 
duets  that  ma}'  have  been  seized  in  the  premises,  upon  his  payment 
of  all  costs  in  this  behalf  ;  and  make  return  to  the  said  Justice,  of 
this  writ,  at  an  early  day,  with  your  proceedings  thereon  indorsed. 
Witness  my  hand  and  seal,  this  25th  day  of  November,  1876. 

Horace  Mills  a  rs,  J.  F.  (seal.) 

Note. — Any  agricultural  products,  for  which  wages  are  due,  or  for  share 
thereof,  under  one  law,  can  be  seized  in  the  hands  of  any  one,  if  found.  A 
merchant  who  buys,  should  be  satisfied  that  the  products  are  not  subject  to 
the  lein  of  wages  or  share.  When  the  landlord  does  not  reside  on  the  land, 
or  rents  land  for  share,  or  furnishes  supplies  to  laborers,  these  writs  are  his 
protection  against  removal  before  division.  One  thing  should  be  particu- 
larly noted  by  the  officer,  that  on  judgment  for  labor,  not  on  crops,  nothing 
is  exempt  from  seizure.  The  remedies  for  removal  of  crops  under  deed  of 
trust,  or  mortgage,  or  lien  of  law,  is  justly  severe,  and  should  be  rigidly 
enforced.     The  loUowing  forms  will  answer : 


Acts  1876,  page  114.]  No.  150.— AFFIDAVIT  ON  REMOVAL 

OF  PROPERTY— LIEN  OF  WAGES. 

State  of  Mississippi,  Copiah  County,  ^-ss. 

Personally  appeared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  James  Johnson,  who  states,  on  oath,  that  Richard 
Chrismas,  of  said  county,  being  justly  indebted  to  affiant  in  the  sum 
of  fort}'  dollars,  for  wages  due  and  unpaid,  for  work  and  labor  done 
on  the  farm  of  Calvit  Roberts,  near  Hazlehurst,  in  said  county, 
under  rent  to  said  Chrismas,  in  plowing,  planting,  and  gathering 
thereon,  during  the  3'ear  1&76,  a  crop  of  cotton,  corn,  peas,  and 
])otatoes,  did,  on  the  8th  day  of  November,  1876,  without  having 
first  full}'  paid  up  and  satisfied  affiant's  lem  on  said  crops,  pursuant 
to  the  statute  in  that  behalf,  although  being  thereto  often  requested, 
knowingly  remove  and  sell  said  agricultural  products,  without  the 
consent  of  eaid  affiant,  and  against  the  peace  and  dignity  of  the 
State  of  Mississippi,  James  Johnson. 

Sworn  to  and  subscribed,  this  10th  day  of  November,  1876. 

A.  B.  Lo'»vE,  J.  P.  (seal.) 


Acts  1876,  page  lU.] 

No.    151.— AFFIDAVIT    FOR    REMOVAL    OF    PROPERTY- 
LIEN  FOR  SHARE. 

State  of  Mississippi,  Copiah  County.  }■  ss. 

Personally  appeared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  J.  F.  Thompson,  who  states  on  oath  that  he  rented 
to  Thomas  Wallace  for  the  year  1876,  (or,  contracted  with  T.  W.  to 
tnorlc  for  the  year  1876,)  forty  acres  of  open  land  on  the  farm  on 
which  affiant  resides,  to  be  cultivated  in  corn,  cotton  and  sweet  po- 
tatoes; that  affiant  was  also  to  furnish  sufficient  team  for  the  pur- 


In  Civil  Cases.  ^3^ 

poses  of  cultivating  said  land  and  feed  the  same,  the  said  Wallace 
to  do  or  have  done  the  work  and  labor  necessar}^  in  the  planting, 
cultivating,  gathering  and  preparing  said  crops  for  market,  and  for 
rent  and  use  of  same  and  said  team  adiant  was  to  be  paid  one  half 
of  said  crops  so  cultivated  and  gathered,  during  said  year;  that 
said  Wallace  did,  on  the  loth  day  of  October,  1876,  in  violation  of 
the  provisions  of  the  statute  in  that  behalf,  remove  from  said  farm, 
and  sell  and  dispose  of  a  portion  of  said  cotton,  to-wit:  seventy-eight 

pounds  in  the  seed,  to ,  merchants,  {or  any  one  else) 

in  the  town  of  Beauregard,  in  said  county,  before  any  division  or 
distribution  of  the  share  or  interest  therein  to  affiant,  or  others, 
contrary  to  the  contract  vesting  such  share  in  aOiant,  and  against 
the  peace  and  dignity  of  IMississippi. 

J.  F.  Tiioiipsox. 
Sworn  to  and  subscribed  this  17th  day  of  October,  1876. 

Bex.  F.  Jones,  J.  P.  [seal.] 


Acts  1874,  page  54.] 

Xo.    152.— AFFIDAVIT   FOR   FRAUDULENT   REMOVAL   OF 
MORTGAGED  PROPERTY. 

State  of  Mississippi,  Copiah  County.  )■ 

Personally  appeared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  Benjamin  F.  Martin,  who  states  on  oath,  that 
Hampton  Tillman  did,  on  the  10th  day  of  February,  1876,  execute 
and  deliver  to  David  W.  Simmons,  in  trust  for  this  affiant,  a  certain 
deed,-  filed  for  record  and  duly  recorded  in  the  Chancery  Clerk's 
office  of  said  countv,  on  the  ISth  day  of  February,  1876,  in  Mort- 
gage Book  3,  page  140;  that  the  purpose  of  said  deed  was  to  secure 
the  payment  of^'a  certain  promissory  note  of  said  Tillman  of  even 
date  with  said  deed  and  payable  to  said  affiant,  with  interest  at  ten 
per  centi  from  date,  on  the  1st  day  of  November,  1876.  for  the  sum 
of  sixty  dollars,  and  also  to  secure  the  payment  of  advances  made 
and  to  "be  made,  by  said  affiant  to  said  Tillman,  during  said  year,  to 
the  amount  of  one  hundred  dollars,  to  enable  said  Tillman  to  make 
and  gather  a  crop  on  the  lands  in  said  deed  described  ;  tliat  said 
Tillrnon,  in  consideration  of  the  premises  aforesaid,  granted,  bar- 
gained and  sold  unto  said  Simmons,  in  trust  as  aforesaid,  all  the 
crops  of  corn,  cotton,  peas  and  potatoes,  to  be  made  and  gathered 
by  him,  or  by  others  for  him,  on  said  land,  during  said  year,  con- 
ditioned, however,"  that  if  said  Tillman  should  i)ay  and  satisfy  the 
debt  in  said  deed  set  forth  to  this  affiant,  then  said  deed  to  be  null 
and  void;  that  said  debt  has  not  been  paid,  (iwr  cm  ij  pari  thereof), 
and  that  said  Tillman  not  abiding  by  his  covenants,  and  in  violation 
of  the  statute  in  this  behalf,  did  fraudulently  remove  from  said  land, 
secrete,  conceal,  sell,  and  dispose  of  to  parties  unknown  to  affiant 
[If  knoivn,  state  it,  for  such  parties  are  liable  to  arrest),  said  mort- 


70  Justice  Forms 

gaged  cotton;  or  some  part  thereof,  •without  the  consent  of  said 
affiant,  nnd  againt  the  peace  and  dignity  of  Mississippi. 

Benjamin  F.  Martin. 
Sworn  to  and  subscribed  this  20tii  day  of  October,   187G. 

JosiAii  Hester,  J.  P.  [seal  j 

Note. — In  tlie  writ  for  the  arrest,  in  the  affidavits  for  removal  or  salei 
repeat  the  affidavit  substantially,  and  conclude  : 

"Wherefore,  we  command  you  forthwith  to  arrest  the  said  , 

and  bring  him  before  me  at  my  office,  in  said  county,  to  answer  the  State  of 
Mississippi,  on  the  above  charge,  and  to  do  or  receive  what,  according  to  law, 
may  be  considered  touching  the  same ;  and  have  then  there  this  writ. 

"Witness  my  hand  and  seal  this day  of ,  1876. 

" ,  J.  P.  [SEAL.]  " 


JUSTICE    AS    NOTARY    PUBLIC. 
§  2233,  Acts.  1872,  page  147.J 

No.  153.— PROTEST  OF  DRAFT— NON-ACCEPTANCE. 

United  States  of  America,  State  of  Mississippi,  J^ss. 

By  this  public  instrument  of  protest,  Be  it  known  that  I,  S.  D. 
Ramsey,  a  Justice  of  the  Peace,  and  by  virtue  of  my  office,  Notax-y 
Public  for  the  county  of  Copiah,  in  said  State,  on  the  fourth  day  of 
January,  187G,  at  the  request  of  A.  B.,  holder  of  the  original  bill, 
whereof  a  true  copy  is  hereto  annexed,  at  the  usual  place  of  abode 
of  C.  D.,  presented  to  him  th'e  said  bill  for  acceptance  {or  payment), 
which  he  did  not  accept  (or  j^ciy)  '■  Whefore,  I,  the  said  NoLar}',  at 
tlie  request  aforesaid,  do  protest  the  said  bill,  as  well  against  the 
drawee  of  said  bill  as  against  all  others  whom  it  may  concern,  for 
all  exchange,  re  exchange,  damages,  costs,  charges  and  interest, 
already  incurred,  or  to  be  hereafter  incurred,  for  want  of  acceptance 
of  the  same. 

This  done  and  pi'otested,  in  the  town  of  Hazlehurst,  in  said  State. 

In  testimony  of  which  I  have  hereunto,  on  the  day  and  year  first 
above  written,  set  mj'  lia;'d  and  affixed  my  notarial  seal. 

S.  D.  Ramsey,  J.  P.  [seal.] 


No.  154.— PROTEST  OF  DRAFT  OR  NOTE  FOR  NON-» 

PAYMENT. 

United  States  op  America,  State  of  Mississippi.  }-ss. 

By  this  y)ublic  instrument  of  protest,  Be  it  known  that  I,  S.  D. 
Ramse\',  a  Justice  of  the  Peace,  and  by  virtue  of  my  office,  Notary 
Public  for  the  county  of  Copiah,  in  said  State,  on  the  fourth  day  of 
January,  1876,  at  the  request  of  A.  B.,  holder  of  the  original  bill 
(or  note,^  whereof  a  true  copy  is  hereto  annexed,  at  the  usual  place 
of  abode  of  C.  D.,  presented  to  him,  the  acceptor  of  said  bill,  (or 
maker  of  mid  note),  the  original  bill  (or  note),  and  demanded  payment 
of  the  same,  which  he  did  not  pay:  Wherefore,  I,  the  said  Notaiy,  at 
the  request  aforesaid,  do    protest  the  said   bill   (or   note),  as  well 


Ill  Civil  Cases.  71 

against  the  drawer  {or  viaker)  of  said  bill  {or  note)  as  against  all 
others  whom  it  may  concern,  for  all  [exchange,  re-exchange,  //"  « 
hiW]  damages,  costs,  charges  and  interest  already  incurred,  or  to  be 
hereafter  incurred,  tor  want  of  payment  of  the  same. 

This    done   and    protested,    in    the    town   of  llazlehurj^t,    in   said 

county. 

In  testimony  of  which,  1  have  hereunto,  on  the  da}'  and  year  first 
above  written,  set  my  hand  and  allixed  my  notarial  seal. 

S.  I).  Hamsey,  J.  F.  [seal,  i 


No.    155.— NOTICE    OF  PROTEST    FOPt   NON-ACCEPTANCE. 

Hazleiiukst,  INIiss.,  Jan.  4Lh,  1876. 
Mr.C.D: 

Sir — You  will  take  this  as  due  notice  that  your  draft  for  §150,  at 
thirty  days  from  sight,  dated  December  27th,  1875,  drawn  on  J.  & 
T.  Green,  of  Jackson,  JMiss.,  has  this  day  been  protested  for  non- 
acceptance.  Yours,  etc.,  tS.  D.  Ramsey,  J.  P., 

and  ex-officio  Notary  Public. 


No.    156.— NOTICE    OF    PROTEST    FOR    NON-PAYMENT- 
DRAFT. 

Hazlehukst,  jMiss.,  Jan.  4th,  1S76. 
Mr.  a  D.: 

Sir — You  will  take  this  as  due  notice  that  3'our  draft  for  $150,  at 
thirty  days  sight,  dated  November  25th,  1875,  drawn  on  and  accepted 
by  J.  &  T.  Green,  of  Jackson,  Miss.,  has  this  day  been  protested  for 
non-payment.  Yours,  &c.,  S.  D.  Ramsey,  J.  P., 

and  ex-officio  Notary  Public. 


No.  157.— NOTICE  OF  PROTEST  FOR  NON-PAYMENT- 
NOTE. 

IIazlehurst,  Miss.,  Jan.  4th,  1876. 
Mr.  a.  D.: 

Sir — You  will  take  this  as  due   notice  that  your  note  I'or  8150. 
dated  November  1st,  1875,  payable  at  the  ollice  of  Temple  S.  Coons 
'tt  Co..  New  Orleans,  La.,  sixty  days  after  date,  and   endorsed  b}^  E. 
F.  {if  endorsed),  lias  this  day  been  protested  for  non- payment. 
Yours,  &c..,  S.  D.  Ramsey,  J.  P., 

and  ex-ojfficio  Notary  Public. 

NoiE. — To  charge  the  endorser,  he  must  also  have  notice,  at  once,  of  pro- 
test. The  Notary  must  give  the  party  entitled  his  certificate,  attached  to 
the  protest. 

No.   158.— CERTIFICATE  OF  SERVICE  OF  NOTICE. 

United  States  of  America,  ) 

^  ss 
State  of  Mississippi.        j 

I,  S.  D.  Ramsey,  Justice  of  the  Peace,  and  by  virtue  of  my  oflice 


72  JiLsticG  Forms 

Notary  Public  for  the  county  of  Copiah,  in  said  State,  do  hereby- 
certif}^  that  on  this  4th  day  of  Januar}',  1876,  notice  of  the  protest 
of  the  before  mentioned  bill  [or,  draft  or  note)  was  served  upon  C. 
D.,  the  drawer  of  said  bill  (or,maker  of  said  note,  and  E.  F.,  the 
endorser  thereon),  by  letters,  respectively  addressed  to  him  [or  them), 
at  his  [or  their)  reputed  place  of  residence,  and  the  post  offices 
nearest  thereto,  and  deposited  the  same  in  the  post  otlice  in  the  town 
of  Hazlehurst,  in  said  county. 

.1        la  testimony  of  which,  I  have  hereto  set  m}-  hand  and 

'  ■-'    attached  my  notarial  seal. 

S.  D.  Ramsey,  J.  P. 


§  12,  Acts  1876,  p.  114] 
No.  159.— ACCOUNT  FOR  MONEY  WAGES  FOR  LABOR. 

County, 

A.  B.  To  C.  D.,  Dr. 

July   20th,    187G. — To  ten  days  labor   in  scraping  cotton  on 

your  farm,  at  $1  per  day ,.^10  00 

State  OF  Mississippi,  County.  }-ss. 

Personally  appeared  before  the  undersigned,  a  Justice  of  the  Peace 
for  said  count}^  C.  D.,  who  made  oath  that  the  foregoing  account  is 
just  and  true  as  stated,  and  that  the  same  remains  due  and  unpaid; 
and  that  the  amount  became  due  by  reason  of  labor  performed  b}' 
affiant,  under  contract  by  said  A.  B.,  on  the  farm  of  said  A.  B.,  in 
said  county,  during  the  month  of  Juh',  1876.  C.  D. 

Sworn  to  and  subscribed  before  me,  this  dav  of ,  1876. 

^ ,  J.P. 

Note. — By  an  examina-tion  of  the  law  referred  to,  it  will  be  seen  that  no- 
property  whatever  is  exempt  from  a  judgment  and  execution,  in  such  cases 
as  the  foregoing ;  the  judgment  and  execution,  however,  must  set  forth  the 
fact  that  the  claim  was  for  labor  performed. 


Note  — For  the  following  nine  forms,  I  am  indebted  to  the  New  Clerk's 
Assistant,  by  John  S.  Jenkins,  Esq.,.  Counsellor  at  Law,  New  York.  They 
are  excellent  ones,  and  will  be  found  very  useful : 

No.  160.— COMPLAINT— ACTION  ARISING  ON  CONTRACT. 
In  Justice's  Court, Count}'. 

A.  B.  )  Before  C.  C,  J.  P. 

vs. 

C.    D.  )  Complaint. 

A.  B.  plaintiff,  complains  that  C.  D.,  defendant,  owes  and  is  in- 
ebted  to  him  in  the  sum  of  one  hundred  dollars,  for  goods,  wares,  and 
merchandize,  sold  and  delivered  to  [or,  for  work  and  labor  performed 

for)  tile  defendant,  on  the  day  of  ,  18...,  [or,  at  various. 

times  between  the day  of  ,  18...,  and  the day  of. , 

18...,)  whereupon,  the  plaintiff  demands  judgment  against  the  de- 
fendant, for  tlie  one  hundred  dollars.  A.  B.,  Plaintiff. 


^ 


In  Civil  Cases.  73 

No.  IGL— COMPLAINT  -INJURING  PERSONAL  PROPERTY. 

In  Justice's  Court,  Count}'. 

A.   B.  ]  lieforc  C.  C,   J.  P. 

C.  D.  )  Complaint. 

A.  B.,  plaintiff,   complains  that  C.  D.,   defendant,  carelcssl}'  and 
violently  ran  against  the  carriage  of  the  plaintiff,  with  the  team  and 

wagon    of  the  defendant,  on  the  day  of ,  18...,  and  broke 

and  damaged  the  said  carriage  to  the  amount  of  twenty-live  dollars, 
whereupon,  the  plaintiff  demands  judgment  against  the  defendant, 
for  the  twenty-five  dollars.  A.  B.,  Plaintiff. 


No.  162.— COMPLAINT— BREACH  OF  WARRANTY. 

In  Justice's  Court,  Count}'. 

A.   B.  \  Before  C.  C,  J.  P. 

vs.  \ 

C.  D.  3  Complaint. 

A.  B.,  plaintiff,  complains   that  C.  D.,  defendant,   sold  a  horse  to 

the  plaintiff,  on  the  day  of ,  18...,  for  the  sum  of 

dollars,  and  warranted  the  same  to  be  perfectly  sound,  kind,  and 
true,  but  the  said  horse  is  blind  of  the  right  eye,  is  vicious,  and 
unrul}',  and  not  true  in  harness;  whereby,  he  is  injured  to  the 
amount  of  fifty  dollars  ;  whereupon,  the  plaintiff  demands  judgment 
against  the  defendant,  for  the  fifty  dollars. 

A.  B.,  Plaintiff. 


No.  163.— COMPLAINT— FRAUD  OR  DECEIT. 

In  Justice's  Court,  County. 

A.  B.  ^  Before  C.   C,  J.  P. 

C.  D.  J  Complaint. 

A.  B.,  plaintiffi  complains  that  C.  D.,  defendant,  sold   a  horse  to 

the  plaintiff,  on  the da}'  of ,  18...,  for  the  sum  of 

dollars,  which  said  horse,  to  the  knowledge  of  the  defendant,  was 
diseased  of  the  heaves,  at  the  time  of  the  sale,  but  the  defendant 
did  not  inform  the  plaintiff  thereof,  whereby  the  said  horse  is  in- 
jured to  the  amount  of  fifty  dollars,  and  the  plaintiff  demands  judg- 
ment against  the  defendant,  for  the  same. 

A.  B.  Plaintiff. 


No.  164. 

COMPLAINT— CONVERSION  OF  PERSONAL  PROPERTY 

In  Justice's  Court,   County. 

A.  B.  1  Before  C.  C,  J.  P. 

y 

C.  D.                 j                      Complaint. 
A.  B.,  plaintiff,  complains  that,  on  or  about  the  day  of 


TJ:  Justice  Forms 

IS...,  he  was  possessed,  as  of  his  own  property,  of  a  certain  gold 
watch,  of  the   value  of  one  hundred  dollars,  which   afterwards,  and 

on  or  about  the  da}-  of ,  18...,  came  into  the  hands  and 

possession  of  C.  D.,  the  defendant,  who  sold  the  same  and  converted 
the  proceeds  to  his  own  use  ;  whereupon,  the  plaintiff  demands  judg- 
ment against  the  defendant,  for  the  one  hundred  dollars. 

A.  B.,    Plaintiff. 


Ko.    165.— COMPLAINT.  — INJURY    TO    REAL    PROPERTY. 

In  Justice's  Court,  county. 

A.  B  '\  Before  C.  C,  J.  P. 

vs.  \ 

C.  D.  J  Complaint. 

A.  B.,  plaintiff,  complains  that  on  or   about  the  day  of  , 

18...,  C  1).,  the  defendant  (or,  the  horses  and  cattle  of  C.  I).,  the 
defendant),  broke  and  entered  the  close  of  the  plaintiff,  in  said 
county,  and  tore  down  and  destroyed  the  grass  and  the  products  of 
the  soil  there  growing;  whereb}^  the  plaintiff  has  sustained  damage 
to  the  amount  of  fifty  dollars,  and  he  demands  judgment  against 
the  defendant  for  the  same.  A.  B.,  plaintiff. 


No.  166.— COMPLAINT  BY  AN  ASSIGNEE. 

In  Justice's  Court,  count3\ 

A.  B.  \         .  Before  C.  C,  J.  P. 

vs. 
C.  D.  )  Complaint. 

A.  B.,  plaintiff,  complains  that   C.  D.,  defendant,  was  indebted  to 

G.  H.,  on  the  day  of ,  18...,  in  the  sum   of  one  hundred 

dollars,  for  medical  services  rendered  to  the  said  defendant  previous 
to  that  day,  which  said  indebtedness  has  been  duh^  assigned  to  the 
plaintiff';  whereupon  the  plaintiff  demands  judgment  against  the 
defendant  for  the  one  hundred  dollars. 

xV.  B.,  plaintiff". 


No.  167.— ANSWER  OF  DEFENDANT. 

In  Justice's  Court,   county. 

A.  B.  )  Before  C.  C,  J.  P. 

vs.  [- 

C.   D.  )  Answer. 

C.  D.,  the  defendant,  answers  to    the   complaint,  that  on  tlie  

day   of  ,  18...,  he    paid    the   indebtedness   mentioned  in  the 

complaint; 

Or,  that  the  i)laiutiff' did   not  perform  the  work  and  labor  for  the 
defendant  mentioned  in  the  complaint; 


In  Civil  Cases.  T5 

Or,  that  he  ditl  not  warrant  the  horse  mentioned  in  the  comphiint 
to  be  })er('eetly  sound,  kind  ami  true. 

C.  D.,  defendant. 


No.  IGS.— ANSWEK,  WITH  NOTICE. 

In  Justice's  Court,  county. 

A.  B.  (  Before  C.  C,  J.  V. 

vs.  -r 

C.  D.  J  Answer. 

C.  D.,  tlie  defendant,  answers  to  the  complaint  tliat  he  did  not 
•<ake,  and  does  not  detain  the  property  [or,  did  not  hvealc  and  enter 
the  close),  mentioned  in  the  complaint,  as  is  therein  stated;  and  he 
gives  notice  that  lie  will  prove  on  the  trial  of  this  action  that  the 
])roperty  mentioned  in  the  complain*^:  was  taken,  and  is  detained  by 
liim,  with  the  consent  and  permission  of  the  plaintiff; 

Or,  that  he  broke  and  entered  the  close  mentioned  in  the  com- 
plaint, in  order  to  remove  a  quantity  of  wheat  levied  on  by  him  as 
u  constable  of  said  county,  by  virtue  of  an  execution  against  the 
plaintiff,  issued   by  E.  F.,  Justice  of  the  Peace   of  said   county,  in 

I'avor  of  G.  A.,  and  dated  on  the  da}'  of  ,  18  — 

C.  D.,  defendant. 


§  278.]  CONSTABLE. 

This  office,  though  not  generally,  by  the  ambitious,  sought  after,  and  gen- 
erally forced  off  on  some  one  who  does  not  wish  the  place,  or,  who  is  not 
capable  of  filling  it,  is  yet  one,  not  only  of  importance,  but  real  dignity,  and 
energetic  men,  with  brains,  should  be  sought  to  take  and  execute  its  duties. 
These  duties  are  extensive,  as  §  280  fully  proves.  Let  the  Constable  be 
jn-ompt  in  their  execution,  or  fall  under  the  penalties  prescribed  for  their 
delay  or  violation.  If  a  Constable  fails  to  execute  and  return  execution, 
plaintiff,  by  motion,  can  recover  the  amount  and  damages  from  Constable 
and  the  sureties  on  his  bond,  on  giving  live  days'  notice  of  such  motion. 
The  Justice  also  can,  on  like  motion,  by  the  plaintiff,  line  the  Constable  $50 
for  failing  to  return  execution.  For  failure,  on  demand,  to  pay  over  money 
collected,  motion  of  two  days'  notice,  for  amount  and  damages.  See  fully 
on  these  motions  and  notice,  §§  282,  28q  and  284.  The  two  following  forms 
will  suit,  by  change,  all  the  cases: 

§  282.  No.  169.— MOTION  AGAINST  CONSTABLE. 

SxATK  OF  Mississippi,      ]  Before  B.  F.  Jones,  Justice, 

County,  j  District  No.  2. 

John  Smith      i 
vs.  [ 

Allen  Jones.  ) 
Motion  by  plaintiff  in  the  above  stated  cause  for  a  rule  against 
Thomas  II.  Wheeler,  Constable  in  said  county,  and  the  sureties  on 
his  otilcial  bond,  Allen  Case  and  W.  C.  Loving,  for  the  amount 
of  the  judgment  thei-ein  and  interest,  costs  and  damages,  for  failure 
to  return  the  execution  issued  b}'  the  said  Justice  on  the  ....  day 
of ,  187G,  and  delivered  to  said  Constable. 


76  Justice  Forms 

No.  170.— NOTICE  TO  CONSTABLE. 

Copiah  County,  Mississippi. 
Thomas  H.  Wheeler,  Allen  Case  and  W.  C.  Lovino- — Gentlemen: 

Take  notice  that  on  the  10th  day  of  May,  1876,  I  will  call  up  a 
motion  entered  against  Thomas  H.  \Yheeler,  Constable,  and  Allen 
Case  and  W.  C.  Loving,  as  the  sureties  on  his  official  bond,  before 
his  Honor  B.  F.  Jones,  Justice  for  District  No.  2,  in  said  county, 
this  fourth  (Xvlj  of  Ma}^  1876,  for  failure  to  execute  and  return  exe- 
cution delivered  to  said  Constable,  in  the  case  of  John  Smith  vs. 
Allen  Jones,  in  behalf  of  plaintitT.  The  amount  demanded  is  the 
amount  of  the  judgment  in  said  case,  'with  interest,  costs  and^ 
damages  as  allowed  by  law.  John  Smith, 

Plaintiff. 


FORMS. 


AS  A   CRIMINAL   COURT. 


The  jurisdiction  of  the  Justice  criminally  is  very  large  and  should  be  vigor- 
ously exercised  ;  and  this  court  should  always  be  used  by  the  citizens  instead 
of  carrying  all  the  petty  offenses  before  the  Grand  Jury.  This  jurisdiction 
is  concurrent  in  all  matters,  when  the  punishment  prescribed  is  only  a  fine 
and  (or)  imprisonment  in  the  county  jail.  In  the  statute  laws  of  this  State 
are  over  one  hundred  offences,  which  can  be  tried  before,  and  finally  dis- 
posed of,  by  Justices  of  the  Peace,  and  it  is^ their  duty  to  make  careful  ex- 
amination of  these  cases,  and  so  become  indeed  the  conservators  of  the  peace 
and  dignity  of  the  State.  There  are  abundant  reasons,  however,  for  the  in- 
difference of  Justices  in  the  matter  of  the  prompt  arrest  of  offenders,  in  the 
fact  that  no  provision  is  made  in  our  Code  for  their  costs,  in  case  of  the  in- 
solvency of  the  prisoner,  or  in  his  discharge.  It  is  a  long  oversight  in  our 
law-makers,  and  a  well  digested  law  on  this  subject  would  not  only  reflect 
credit  on  the  Legislature,"but  advance  the  morals  and  peace  of  the  State. 


PRACTICE. 

§  1322.]  No.  171.— GENERAL  FORM  OF  AFFIDAVIT. 

State  of  Mississippi,  Copiah  County.  }>  ss. 

Personally  appeared  before  the  undersigned  Justice  of  the  Peace 
for  said  county,  Albert  Welch,  who  being  by  me  duly  sworn,  deposes 

and  says,  that  in  said  county,   on  the  day  of ,  1876,  one 

C.  D.,  did  [  describe  the  offense,  as  near  as 

can  be,  in  the  words  of  the  law,  dejininrj  and  2^unishing  the  offense, 
and  conclude  as  follows  :]  in  violation  of  the  statute  in  that  behalf, 
and  against  the  peace  and  dignit}'  of  Mississippi, 

A.  W. 

Sworn  to  and  subscribed,  this day  of ,  1S76. 

,  J.  P.  [seal.] 


§  1322.]  No.  172.— GENERAL  FORM  OF  WARRANT. 

State  op  Mississippi, 

To  the  Sheriff  or  an}'  Constable  of  Copiah  county  : 
Whereas,  by  the  aflidavit  of  A.  W.,  this  day  filed  in  the  office  of 


78  Justice  Forms 

the  undersigned  Justice  of  tlie  Peace  for  said  count_y,  charg-ing  that 

C.  D.  did,  in  said  count}',  on  the day  of ,  1876,  [^describe 

the  offense  in  the  words  of  the  affidavit.^  Therefore,  we  command 
you,  That  you  take  the  body  of  said  C.  D.,  if  to  be  found  in  your 
county,  and  him  safely  keep,  so  that  you  have  him  before  the  said 
Justice  {or  any  other  Justice,)  at  bis  office  in  said  county,  forthwith 
{or,  on  the  day  of  ,  1876,)  to  answer  the  State  of  Mis- 
sissippi on  said  charge,  and  to  do  or  receive  what,  according  to  law, 
may  be  adjudged,  touching  the  same.  Have  you  then  there  this  writ. 
Witness  my  hand  and  seal,  this  day  of  ,  1876. 


.,  J.  P.  [seal.] 


§1322.]  No.  17a.— SUBPCENA. 

State  of  Mississippi, 

To  the  Sheriff  or  any  Constable  of  Copiah  Count}': 

We  command  you  to  summon  A.  B.,  that  all  business  and  excuses 
being  laid  aside,  he  be  and  appear,  in  his  proper  person,  before  the 
undersigned  Justice  of  the  Peace  for  said  county,  at  his  office  therein, 

instanter  {or,  on  the  day  of ,  1876,)   then  and    there  to 

testify  those  things  which  he  knows  in  a  certain  matter  then  and 
there  to  be  tried,  between  the  State  of  Mississippi  and  C.  D.,  on  the 
part  of  the  said  State  {or.  C.  I).,)  hereof  failing  not,  under  penalt}^ 
and  have  you  then  there  this  writ, 

Witness  my  hand  and  seal,  this  day  of  ,  1876. 

,  J.  P.  (seal.) 


§1323.]  No.  174.— JUDGMENT— FINE  AND  IMPRISONMENT. 

(To  be  entered  on  Docket.) 

Be  it  remembered,  iThat  at  a  court  held  by  the  undersigned  Justice 
of  the  Peace  for  the  county  of  Copiah,  at  his  oflice  therein,  this 
day,  A.  B.  was  brought  before  said  court,    charged   on  the  affidavit 

of  C.  D.,   with  having,   on  the  day  of  ,  1876,   in  said 

county  {here  state  offense ;)  which  cLarge  being  stated  in  the  war- 
rant issued  by  me,  was  distinctly  read  to  the  defendant,  in  open 
court,  to  which  he  plead  not  guilty;  whereupon,  such  proceedings 
v/ere  had  in  said  court,  that  the  defendant  was  convicted  of  the  said 
charge,  and  the  court  renders  judgment  thereon,  that  the  said  A.  B. 
be  fined  in  the  sum  of  twenty  dollars,  [and  be  imprisoned  in  the 
common  jail  of  said  county,  for  thirty  days  from  this  date,  and  that 
he  pay  the  costs  of  the  suit,  to  be  taxed.] 

Witness  my  hand.  ,  J.  P.   (seal.) 

Note. — If  the  judgment  is  only  a  fine,  instead  of  the  words  in  brackets, 
say  "  and  stand  committed  to  the  county  jail  until  the  payment  of  said  fine 
and  all  costs  in  this  behalf."  The  mittimus  following  will  answer  in  both 
instances  : 


Ill  Cjdniinal  Cases.  79 

§1324.J  No.   17:j.— MITTIiMUS. 

State  of  Mississippi, 

To  the  sheriff  or  an}^  constable  of  Copiah  county: 

Whereas,  at  a  court  held  bj'  the  undersigned,  one  of  the  Justices 
of  the  Peace  for  said  count}-,  this  da_y,  at  his  oflice  therein,  A.  B. 
was  brought  before   said  court  charged,  on   the  aflidavit  of  C.  D., 

with  having,  on  the  day   of ,  [here  stale   the   offense), 

which  cliarge  being  stated  in  the  warrant  by  me  issued  (or  by  anj 
other  Justice),  was  distinctly  read  to  the  defendant  in  open  court, 
to  which  he  plead  not  guilty;  whereupon  such  proceedings  were  had 
in  said  court,  that  the  defendant  was  convicted  of  the  charge  above 
specified,  and  the  court  having  rendered  judgment  thereon,  that  the 
said  A.  B.  (here  slate  pGnnllxj  in  jiuhjment);  Therefore,  in  the  name 
of  the  State  of  Mississippi,  wc  command  you  to  convey  tiie  said  A. 
B,  to  the  common  jail  of  the  county  aforesaid,  the  jailor  whereof 
is  hereby  required  to  keep  him  in  safe  custod}^  in  said  jail,  until  the 
judgment  so  rendered  be  satisfied,  or  he  be  discharged  by  due  course 
of  law. 

Witness  my  hand  and  seal  this  da}'  of ,  1876. 

J  J.  P.  [seal.] 


§1325, 
No.  176.— BOND  FOR  APPEARANCE— GENERAL  FORM. 

Note. — The  constable  when  he  arrests  can  take  bond  for  the  appearance 
of  the  accused,  if  the  court  will  not  be  held  the  day  of  arrest.  The  Justice 
can  also  do  so,  if  a  continuance  is  had.  The  following  form  will  answer  in 
all  such  cases,  where  bonds  are  taken ;  the  better  practice,  however,  for  the 
sheriff;  and  especially  for  the  constable,  is  to  bring  the  accused  and  his  bonds- 
men before  the  Justice  who  issued  the  warrant,  and  let  him  take  their  recog- 
nizance, and  enter  the  same  on  the  docket.  Form  No.  176,  following,  is  the 
proper  one.  These  forms  will  do  to  a.ppear  at  Circuit  Court,  by  changing  to 
suit.  '^^^ 

State  of  Mississippi,  Copiah  Countv.  ^ss. 

Know  all  men  b}-  these  presents,  that  we,  C.  D.  and ,  are 

held  and  firmly  bound  unto  the  State  of  Mississippi,  in  the  penal 

sum  of dollars,  for  which  payment  well  and  truly  to  be  made, 

we  bind  ourselves,  our  heirs  and  legal  representatives,  jointly  and 
severally,  firmly  by  these  presents,  signed  with  our  names  and  sealed 
with  our  seals,  this    day  of  ,  187 — 

The  condition  of  this  obligation  is  such,  that  if  the  said  C.  D, 
shall  be  and  personally  appear  before  the  court  of  A.  B.,  one  of  tiie 
Justices  of  the   Peace  for  said   count}^,  at  his  otlice  therein,  on  the 

day  of ,  187...  (or,  the  Circuit  Court  of  said  county,  at 

the  next  regular  term  thereof,  to  he  held  in  the  toion  of  ,  on  the 

day  of ,  187...),  to  answer  the  State  of  Mississippi  on  a 

charge  of  (here  set  down  the  charge  as  set  forth  in  the  affidavit  or 
tvarrant),  in  violation  of  the  statute  in  that  behalf,  and  against  the 
peace  and   dignity  of  Mississippi,- and  shall  remain   in  attendance 


80  Justice  Forms 

upon  said  court  from  dixy  to  day,  and  from  term  to  term,  until  regu- 
larly discharged  by  due'course  of  law,  then  this  obligation  to  be 
void,  otherwise  to  remain  in  full  force  and  effect. 

[seal.] 

[seal.] 

[seal.] 


Ko.  177.-EECOGN1ZANCE  TO  APPEAR— GENERAL  FORAI. 
State  of  Mississippi,  Copiah  County.  )■  ss. 

This  day  personally  appeared  before  the  undersigned,  one  of  the 
Justices  of  the  Peace  for  said  county,  C.  D.,  E.  F  and  G.  H.,  of 
said  county,  and  acknowledged  themselves  to  be  severally  indebted 
to  the  State  of  Mississippi  in  the  penal  sum  of  one  thousand  dol- 
lars; that  is  to'say,  the  said  C.  D.  in  the  sum  of  five  hundred  dol- 
lars; the  said  E.  F.  in  the  sum  of  two  hundred  and  fifty  dollars,  and 
the  said  G.  H.  in  the  sum  of  two  hundred  and  fifty  dollars  to  be 
levied  of  their  respective  goods  and  chattels  and  lauds  and  tene- 
ments. And  the  said  E.  F.  and  G.  H.  being,  by  me  duly  sworn, 
deposed  on  oath  that  they  were  each  worth,  in  visible  properi}', 
subject  to  execution  and  attachment  under  the  laws,  and  over  and 
above  all  legal  exemptions,  liabilities  and  liens,  the  sum  of  two 
hundred  and  fifty  dollars.  This  obligation  and  recognizance,  how- 
ever, to  be  void  and  discharged  if  the  said  C  D.  shall  be  and  per- 
sonally appear  before  the  court  of  the  said  Justice,  at  his  ofiice  in 

said  county,  on  the  day  of  ,  187...     {or  circuit 

court  of  said  county,  to  he  held  in  the  town  of  ,  on  the 

day  of ,  187...)  to  answer  the    State  of  Mississippi  on   a 

charge  of  (here  state  the  charge)  in  violation  of  the  statute  in  that 
behalf  and  against  the  peace  and  dignity  of  Mississippi,  and  shall 
remain  in  attendance  upon  said  court  from  day  to  day-  and  from 
term  to  term,  until  regularly  discharged  by  due  course  of  law. 

Witness  mv  hand  and  seal  this  day  of  ,  187... 

,  J.  P.  [seal.] 


■^o.  178.— AFFIDAVIT  FOR  PEACE  WARRANT. 
State  op  Mississippi,  Copiah  County.  }> 

Personally  appeared  before  the  undersigned.  Justice  of  the  Peace 
for  said  county,  A.  B,,  who,  being  by  me  duly  sworn,  on  oath  says 
that  C.  D.  had  threatened  to  do  affiant  (or  his  property)  as  he  has 
been  informed,  and  verily  believes,  some  serious  bodily  harm  (or 
hurt  and  injury,  if  property  is  threatened)  and  tha.t  affiant  fears 
that  said  threats  will  be  carried  into  execution,  unless  saitl  C.  D  is 
restrained  by  law;  that  this  charge  is  not  made  through  malice, 
hatred  or  ill-will,  but  for  the  cause  aforesaid;  therefore,  affiant 
prays  the  peace  against  said  C.  D.  that  he  be  lawfully  restrained 
in  this  behalf.  A.  B. 

Sword  to  and  subscribed  this da}'  of  ,  187... 

,  J.  P. 


In  Criminal  Cases.  81 

No.  179.— RECOGNIZANCE  TO  KEEP  THE  PEACE. 
Static  of  Mississippi,  Copiah  County,  ^ss. 

Tliis  (l;iy  [)ors()nally  canio  beforo  Lho  iiiulersignod  Jnslice  of  the 
Peace  lor  said  couuty,  C.  D.,  E.  F.,  and  G.  11.,  who  acknowledged 
themselves  indebted  to  tiic  State  of  Mississippi,  in  the  sum  of  one 
thousand  dollars  ;  that  is  to  say,  the  said  C.  D.  in  the  sum  of  five 
hundred  dollars  ;  the  said  E.  F.  in  the  sum  of  two  hundred  and  fifty 
dollars,  and  the  said  G.  II.  in  the  sum  of  two  hundred  and  fiftj'  dol- 
lars, to  be  levied  of  their  goods  and  chattels,  lands  and  tenements  , 
and  the  said  E.  F.  and  G.  H.,  being  by  me  duly  sworn,  on  oath  state 
that  they  are  each  worth,  in  visible  property,  over  and  above  all 
their  legal  exemptions,  liabilities,  and  liens,  the  sum  of  two  hundred 
and  fifty  dollars.  This  obligation  and  recognizance  is  upon  this 
condition  :  If  the  said  C.  D.  shall  abstain  and  refrain  from  doing 
any  harm,  hurt,  or  injury  to  the  person  or  property  of  A.  B.,  and 
shall  well  and  faithfully  keep  the  peace  toward  the  people  of  this 
State,  and  [)articularly  toward  the  said  A.  B.,  for  and  during  the 
twelve  months  next  ensuing  {or,  two  years,)  then  this  obligation  to 
be  void,  otherwise  to  remain  in  full  force  and  effect. 

Witness  my  hand  and  seal,  this  dav  of  ,    IS7G. 

". ,  J.  P.,  [seal.] 


^  2854.]         No.  ISO.— JUDGMENT  TO  KEEP  THE  PEACE. 

Be  it  remembered,  That  this  day,  C.  D.  was  brought  before  the 
undersigned  Justice,  upon  a  charge  of  threatening  to  do  bodily 
harm  to  the  person  of  A.  B.  (or,  to  hurt  and  injure  the  property  of 
A.  JJ.,)  and  I,  the  said  Justice,  being  salisfied,  b}'  due  proof  adduced 
in  this  behalf,  that  said  charge  is  in  all  respects  true  ;  the  said  C. 
D.  is  therefore  duly  convicted  thereof  ;  and  it  is  thereupon  adjudged 
that  the  said  C.  D.  forthwith  enter  into  recognizance  in  the  sum  of 
one  thousand  dollars,  with  security,  to  keep  the  peace  toward  all  the 
people  of  this  State,  and  especially  toward  the  person  and  property 
of  the  said  A.  B.,  and  to  be  of  good  behavior,  for  the  space  ot  twelve 
months  from  this  date,  and  to  pay  all  costs  of  this  proceeding 
against  him  ;  and  in  default  whereof,  the  said  C.  D.  to  stand  com- 
mitted until  such  recognizance  be  executed  and  costs  i)aid. 

Adjudii'cd  and  ordered,  this  dav  o'' ,,  1876. 

". J.  P.   (SKAL.) 


Sis  28;!I,   2830.1  No.  181.— AFFIDAVIT  OF  VAGRANCY. 

State  of  ^Iississippi,  Copiah  Cor-XTv.  J-ss. 

Personally  appeared  before  the  undersigned,  a  Justice  of  the  Peace 
for  said  county,  A.  B.,  who  being  by  me  duly  sworn,  on  o;ith  states 
that  C.  D.,  of  said  countv,  has  no  visil)h>  menus  of  support,  but,  as 

6 


82  Justice  Forms 

affiant  is  informed  and  verily  believes,  for  the  most  part,   supports 
himself  by  gaming  ; 

Or,  who  is  an  able-bodied  person,  living  without  labor  or  employ- 
ment, and  has  no  visible  means  of  support  ; 

Or,  who  has  abandoned  his  wife  and  family,  without  just  cause^. 
leaving  them  without  support  and  in  danger  of  becoming  a  public 
charge ; 

Or,  who  keeps  a  house  for  public  gaming  ; 

Or,  who  keeps  a  house  of  prostitution  ; 

Or,  is  a  common  prostitute,  and  has  no  other  known  emplo}'- 
ment  for  her  support  ; 

Or,  is  an  able-bodied  person  found  begging  for  a  livelihood  ;) 

Tliat  affiant,  therefore ,  l)elieves  that  said  C  D.  is  a  vagrant  within 
the  meaning  of  the  law,  and  prays  his  arrest.  A.  B. 

Sworn  to  and  subscribed,  this  day  of ,  187G. 

J.  P. 

Note. — K\\  affidavit  is  not  necessary,  if  any  of  the  above  charges  come 
witliin  the  knowledge  of  the  Justice.  In  such  case  he  should  issue  his  war- 
rant, or  himself  be  prosecuted  for  neglect  of  duty,  under  Section  2889. 


No.  182.— WARRANT  FOR  VAGRANT. 

State  op  Mississippi, 

To  the  Sheriff  or  any  Constable  of  Copiah  County: 

Whereas,  A.  B.,  of  said  county,  has  this  day  made  oath  before  the 
undersigned,  one  of  the  Justices  of  the  Peace  for  said  count}',  that 
C.  D.  is  an  able-bodied  person,  who  lives  without  labor  or  employ- 
ment, and  has  no  visible  means  of  support  {or  any  other  of  the 
charges  in  the  affidavit)  ;  you  are  therefore  hereby  commanded,  in 
the  name  of  the  State  of  Mississippi,  forthwith  to  arrest  the  said 
C.  D.  and  bring  him  before  the  said  Justice,  at  m^^  office,  in  said, 
count}',  to  answer  the  said  charge,  and  to  be  dealt  with  in  the 
premises  according  to  law. 

Witness  my  hand  and  seal,  this  day  of ,  187.  . 

,  J.  r.  [seal.] 


No.  183.— JUDGMENT  IN  VAGRANCY. 

(To  be  entered  on  Docket.) 

Be  it  remembered,  that  C.  D.  was  this  day  brought  before  the 
undersigned  Justice,  upon  the  charge  of  vagrancy,  and  I,  the  said 
Justice,  being  satisfied  by  due  and  personal  examination  of  the  said 
C-  D.,  and  the  testimony  of  A,  B.  and  G.  H.  adduced  in  this  behalf, 
that  said  charge  and  accusation  are  in  all  respects  true;  the  said  C. 
D.  is  therefore  duly  convicted  before  me  of  being  a  vagrant,  within 
the  meaning  and  intent  of  the  statute  in  that  behalf  ;  and  it  is 
thereupon  adjudged  and  determined  that  the  said  C.  D.,  in  default 
of  bond,  according  to  la^-,  and  the  payment  of  all  costs  of  the  pro- 


In  Criminal  Cases.  83 

ceedinos  ag^ainst  him,   be   committcMl  to  the  county  jail  of  CjpiaU 
county,  for  ten  days  from  this  d:ite. 

Adjiuliied  this  day  of ,  187.  . 

,  J.    \\   [SKAL.] 


§§  2837,  2839.]  No.  184.— MITTIMITS  FOR  VAGRANT. 
State  of  Mississippi, 

To  the  Shcrifl' or  any  Constable  of  Copiaii  C'onnly: 

Whereas,  C.  D.  has  been  this  day  convicted  before  nie,  oni.'  of  the 
Justices  of  the  Peace  for  said  county,  as  appears  of  record  in  my 
office,  of  being  a  vagrant,  I  have  adjuged  that  the  said  C.  D.  be 
committed  as  hereinafter  expresse<l,  unless  he  shall  enter  into  bond 
payable  to  the  State  of  Mississippi,  in  the  sum  of  two  hundred  dol- 
lars, with  good  security,  conditioned  for  his  good  behavior  for 
twelve  months,  and  the  payment  of  all  eosts;  you  are  therefore 
hereby  commanded  to  convey  the  said  C.  D.  to  the  jail  of  said 
county;  the  keeper  Avhereof  is  hereby  authorized  and  required  to 
confine  him  in  safe  custody  therein  for  the  space  of  ten  days,  and 
until  he  shall  pay  the  costs  of  such  imprisonment,  and  all  proceed- 
ings relative  thereto,  or  un^il  discharged  by  due  course  of  law,  after 
ten  day's  notice  to  the  undersigned,  of  his  intended  application  lor 
such  discharge.  ^ 

Witness  mv  hand  and  seal,  this  ....  day  of ,  187.  . 

" ,  J.  P,  [seal.] 


No.  185.— AFFIDAVIT  FOR  SEARCH  WARRANT. 
State  of  Mississippi,  Copiah  County,  ^ss. 

Personally  appeared  before  the  undersigned,  one  of  the  Justices 
of  the  Peace  for  said  county,  A.  B.,  who  being  by  me  duly  sworn, 
says  that  certain  personal  property  of  said  affiant  (or  any  other  'per- 
son), to-wit:  [here  state  the  property  distinctli/),  of  the  value  of 

dollars,  or  thereabouts,  was  stolen  and  feloniously  taken  and  carried 
away  from   his  dwelling   house   (or  premises,  or  storehouse,  etc.),  in 

said  county,  on  the  'day  of  ,  187...;  and  this  affiant  has 

reason  to  believe,  and  does  verily  believe,  that  C.  D.  has  stolen  and 
taken  and  carried  away  the  same  as  aforesaid,  and  that  said  property, 
or  some  part  thereof,  is  now  deposited  or  concealed  in  the  dwelling 
house,  or  about  the  premises  of  said  C.  D.  {or  other  p)Grson),  in  said 
county;  that  this  suspicion  and  charge  is  not  made  out  of  malice, 
hatred  and  ill-will  to  said  C.  D.,  but  is  founded  on  credible  testi- 
mony; wherefore  process  is  prayed  for  to  search  for  the  same. 

A.  R. 

Sworn  to  and  subscribed  this  ...  da}'  of  ,  1876. 


84  Justice  Forms 

§  2824]  No.  186.— SEARCH  WARRANT. 

Static  of  Mississirri, 

To  the  sheriff  or  auy  constable  of  Copiah  county. 
Whereas,  A.  B.  has  this  day  made  complaint  on  oath  before  the 
undersigned,  one  of  the  Justices  of  the  Peace  for  said  count\',  that 
•certain  personal  property,  &c.  {as  in  the  affidavit)^  and  that  said 
atiiant  suspects  that  C.  D.,  of  said  count}",  did  steal,  take  and  carry 
away  the  same,  and  that  said  property-,  or  some  part  thereof,  is  now 
deposited  or  concealed  in  the  dwelling  house  or  on  the  premises  of 

,  in  said   county;  Therefore  we  command  you,  that  in 

the  day  time,  Avith  sinch  aid  as  shall  be  needful,  you  do  forthwith 
pz'oceed  diiigentl}^  to  search  the  dwelling  house  [or  tohatever  2>lace 

is  jMrticularlu  described  in  the  affidavit)  of  said  ,  where 

said  propert}''  is  suspected  to  be  deposited  or  concealed^  making 
known  to  the  occupant  thereof,  if  any,  A'our  authority  for  so  doing; 
and  if  said  property,  or  any  part  thereof,  be  found,  that  you  seize 
and  bring  the  same  before  me,  at  my  office,  without  delay,  so  that 
lawful  action  may  be  had  in  the  premises. 

Witness  my  hand  and  seal,  this  day  of  ,  187.... 

,  J.  r,  [seal.] 

Note. — If  the  property  seized  on  a  search  warrant  is  claimed  by  other 
persons,  then  an  issue  shall  at  once  be  made  up  and  tried  before  the  Justice, 
if  the  value  of  the  property  is  not  more  than  $150.  If  more  than  this, 
claimant  must  give  bond,  as  in  claimant's  issue  in  civil  cases,  and  the  Jus- 
tice sends  the  whole  matter  to  the  Circuit  Court. 


^-o.    J87.— MITTIMUS    ON    FAILURE    TO    GIVE    BOND    OR 
PAY  FINE  AND  COSTS— GENERAL   FORM. 

State  of  Mississippi, 

To  the  sheriff  or  any  constable  of  county: 

Whereas,  C.  D.  has  this  day  been  tried  before  the  undersigned, 
one  of  the  Justices  of  the  Peace  for  said  county,  on  the  charge  of 
(v)hatever  the  charge  he  in  the  afidavit,  here  state  in  the  sametvords), 
and  having  been  duly  convicted  thereof,  upon  full  proof; 

And  being  fined  by  said  Justice  in  the  sum  of  twenty-five  dollars, 
with  costs  of  suit,  and  failing  to  pay  the  same; 

Or,  and  being  required  to  enter  into  recognizance,  in  the  sum  of 
one  thousand  d-^llars,  with  security,  to  keep  the  peace  towards  all 
the  people  of  this  State,  and  especially  towards  A.  B.,  and  to  be  of 
good  behavior  for  the  space  of  twelve  months  from  this  date,  and  to 
pay  the  costs  of  this  prosecution,  and  having  failed  to  execute  and 
pay  the  same; 

Or,  and  being  required  to  give  bond,  with  good  security,  in  the 
sum  of  four  thousand  dollars,  for  his  appearance  at  the  next  term 
of  the  Circuit  Court  of  said  count3%  to  be  held  at  the  court  house 

thereof  on  the  day  of  ,"^187...,  and   failing  to  give  the 

same; 


Ill  Crimincil  Cases.  85 

You  are,  tlierclV)rc',  lierchy  comniandt'd,  in  the  name  of  the  State 
of  jNIississippi,  to  I'orthwilh  convey  the  said  C.  D.  to  the  jail  of  said 
county,  and  deliver  him  to  tlie  jailor  thereof,  who  is  hereby  required 
to  receive  him  into  his  custody,  and  him  safely  keep  in  said  jail 
until  he  shall  pay  said  fine  and  all  costs  {or,  until  he  shall  Jind  such 
securifi/,}  or  be  discharged  by  auc  course  of  law. 

Witness  mv  hand  and  seal,  this  day  of  ,  187G. 

\ ,  J.  r.,   (SEAL.) 


Note. — If,  after  commitment,  the  party  or  his  friends  should  pay  the  fine 
and  costs,  or  find  the  security,  as  required,  and  fde  with  Justice,  he  should,, 
at  once,  direct  the  following  warrant  to  tho  jailor : 

No.  188.— WARRANT  TO  DISCHARGE  PRISONER. 

State  of  Mississippi,  Copiah  County,  }  ss. 

Horace   IMillsaps,   Esq.,   one   of  the  Justices  of  the  Peace  for  said 
County,  to  the  Sheriff  and  Jailor  of  said  County,  Greeting  : 

These  are  to  command  you,  forthwith,  to  discharge  out  of  your 
custody,  C.  D.,  if  detained  by  you  in  the  jail  of  said  count,v  for  no 
other  cause  than  what  is  set   forth   in   his  warrant  of  commitment 

made  by  the  undersigned,  on   the   day  of ,   187...,   for 

failing  to  pay  fine  and  costs  (or  the  other  c/iuses,)  he  having,  since 
his  said  commitment,  paid  said  fine  ana  all  costs  (or,  found,  before 
me,  the  securities  required.) 

AVitness  my  hand  and  seal,  this  day  of  ,  187G. 

,  J.  P.,  [seal.] 

NolE. — The  Mittimus  No.  187  will  answer  in  cases  of  felony,  as  assault 
and  battery  with  intent  to  kill,  perjury,  bigamy,  robbery,  grand  larceny, 
manslaughter,  kc,  &c.,  when  the  party  is  examined  and  lield  to  bail  before 
a  Justice,  and  fails  to  find  security. 


No.  18'.».— RECOGNIZANCE  TO  TESTIFY. 

Note. — Often  timen,  malice  and  other  influences  induce  persons  to  make 
affidavits  charging  serious  crimes  to  others,  without  having  reasonable 
grounds  for  so  doing.  It  is  the  duty  of  the  Justice  to  compel  these  affiants 
and  other  witnesses,  where  he  has  any  doubt  of  f^iilureon  their  part,  to  enter 
into  recognizance  to  appear  and  testify.  In  cases  of  felony  examined  before 
him  and  sent  to  the  Circuit  Court,  he  MUST  take  the  recognizance  of  all  the 
important  witnesses. 

State  of  INIississippi,  Copiah  County.  )■  ss. 

This  day,  personally  appeared  before  the  undersigned  Justice  of 
the  Peace  for  said  county,  A.  B.  and  C.  D.,  who  acknowledged  them- 
selves indebted  to  the  State  of  Mississippi  in  the  sum  of  two  hun- 
dred dollars  :  that  is  to  say,  the  said  A.  H.  in  the  sum  of  one  hun- 
dred dollars,  and  the  said  C.   I),  in  the  sum  of  one  hundred  dollars. 


36  Justice  Forms 

to  be  levied  of  their  respective  goods  and  chattels,  lauds  and  tene- 
ments ;  but  tliis  recognizance  to  be  void  and  of  none  effect  if  the 
said  A.  B.  shall   personally  appear  before   the  undersigned,   at  his 

office  in  said.countv,  on  the  day  of ,  187...,  {or.   Circuit 

Court  of  said  county,  at  the  court-house  thereof,  on  the  day  of 

,  187...,)  then  and  there  to  testify  on  the  part   of  the  State 

sgainst  ,   charged  with  [describe   offense,']  and   shall  not 

depart  therefrom  without  being  legallj^  discharged. 

Witness  m}'  hand  and  seal,  this  day  of  ,  18.... 

,  J.  r.  [seal.] 


No.   190.— VOLUNTARY  CONFESSION  OR  STATEMENT  OF 

ACCUSED. 

Note.— When  a  party  has  been  brought  before  a  Justice,  charged  with  a 
crime,  the  Justice  should  talvc  down  in  writing  the  confession  or  statement 
of  the  prisoner,  if  he  has  any  to  make  or  give.  .The  following  will  answer 
in  all  cases : 

State  of  Mississipri, County.  )>ss. 

Tills  d;iy,  A.  B  ,  being  brought  before  the  undersigned,  one  of 
the  Justices  of  the  Peace  for  said  county  (or,  came  voluntarily  before 
the  iindersi(jned,  &c.,  and  surrendered  himself  for  exnminrdion)  on 
the  cliarge  [describe  the  crime  or  offense),  and  he  being  put  on  ex- 
amination, and  having  first  been  informed  by  me  that  it  was  his 
privilege  to  make  or  not  to  make,  according  to  his  own  free  will, 
}iny  declaration  or  statement  concerning  the  matter  touching  the 
said  charge;  that  the  lavv  neither  required  nor  desired  him  to  make 
any,  but  ctmt+rtioned  him  not  to  give  the  information,  or  make  any 
confession  or  declaration  in  fear  of  punishment  or  hope  of  escape, 
but  onl}^  such  as  on  calm  reflection  and  legal  advice,  he  should 
freely  desire  to  give  or  make,  he  thereupon,  without  an}^  known  fear 
of  punishment  or  hope  of  favor  or  escape,  did  voluntaril}^  declare  as 
foll'jws  :  {here  write  down  exactly  ivhat  the  vrisoner  said  in  his 
words).  (Prisoner's  Name.) 

Written   down    by    ma,   I'ead  over  to  the  jirisoner,  and  subscribed 

before  me  by  him,  this  ....  dav  of ,  187... 

,J.  P. 


.^  2867.] 

No.   191.— JUDGMENT    OF  DISCHARGE   ON   COMPROMISE. 

Note. — In  all  petty  misdemeanors,  except  offences  by  officers,  the  party 
injured  and  the  party  arrested,  can  compromise  the  mattei",  by  the  ajjpear- 
ing  in  open  court  of  party  injured  and  acknowledging  satisfaction  therefor. 
The  Justices  of"the  Peace  should  foster  and  encourage  such  settlements  and 
friendships,  in  every  legitimate  way. 

Be  it  remembered  that  this  day,  A.  B.,  V)eing  brought  btibre  the 
undersigned   Justice,   on    tiie   charge   uf  assault  and  batteiy  on  the 


In  Criminal  Cases.  87 

person  of  C.  D.  (or,  any  (Aher  offence  less  Ihan  felo)};j),  thixt  the 
said  C.  T).  did,  then  and  there,  in  open  court,  acknowledge  to  have 
received  satisfaction  for  all  injury  inilicted  upon  him  by  the  said  A. 
B.,  and  desires  that  he  shall  l)e  discharged  from  custody  and  the 
proceedings  in  this  behalf  dismissed;  nnd  the  court  being  salisQed 
tha<i  the  statement  of  C.  D.  is  true  in  all  respects,  it  is  thereupon  ad- 
judged that  the  said  A.  B.  be  discharged  and  this  proceeding  dis- 
'missed,  upon  his  payment  of  all  costs  accrued  ;  and  the  costs  being 
thereui)on  paid  in  full,  it  is  accordingly  so  done. 

Adjudged  and  ordered,  this dav  of ,  187. 

•'     "^  ,  J.  r. 


§  1335.]  No.  192.— APPEAL  BOND  IN  CRIMINAL  CASEb.     . 

•State  of  Mississippi,  County,  ^^ss. 

Know  all  men  bv  tiicse  presents,  that  we,  A.  B.,  C.  D.  and  E.  F., 
are  held  and  firmly  bound  unto  the  State  of  Mississippi  in  the  penal 
sum  of  five  hundred  dollars,  for  which  payment,  well  and  truly  to 
be  made,  we  bind  ourselves,  our  heirs  and  legal  representatives, 
jointly  and  severall.y,  firmly  by  these  presents ;_  signed  with  our 
names  and  scaled  with  our  seals,  this   ....  day  of ,  187.  . 

The  condition  of  this  obligation  is   such   that,  whereas,  on  the 

day  of  ,  187...,  the  above  bound,  A.  B.,  was  tried 

and  convicted  before  John  Doe,  one  of  the  Justices  of  the  Peace  for 
said  county,  on  a  charge  of  (here  stale  the  charye)  and  was,  by  said 
Justice,  fined  in  the  sum  of  fifty  dollars  and  sentenced  to  imprison- 
ment in  the  countv  jail  of  said  county  for  thirty  days;  ar.d,  whereas, 
said  A.  B.  has  pVayed  an  appeal  to  the  next  term  of  the  circuit 
court  of  said  county:  Now,  therefore,  if  the  said  A.  B.  shall  be  and 
personally  appear  before  the  circuit  court  of  said  county^  at    the 

court  house  therein,  on  the  day  of  ,   187...,  and 

remain  in  attendance  thereon  from  day  to  day  and  from  term  to 
term,  until  discharged  by  due  course  of  law,  and  shall  well  and  truly 
pay  and  satisfy  all  costs  in  this  behalf,  then  this  obligation  to  be 
void,  otherwise  to  remain  in  full  force  and  eftect. 

A,  B.,  [seal." 
C.  D.,  [seal.' 
E.  F.,  [seal.' 

Note.— The  Justice  should  never  omit  to  justify  the  sureties  before 
receiving  bonds.  Take  no  straw  bonds — commit  to  jail  if  the  bond  is  not 
good. 


c^  2792  1 

No.    luS.— JUDGMENT    ON    FORFEITED    RECOGNIZANCE- 

Be  it  remembered  that  on  the  day  of  ,187..., 

A.  B.,  arrested  on  a  charge  of  {here  slate  offense)  was  recognized  to 
be  and  appear  before  the  undersigned  Justice  for  trial,  in  the  sum 
of  fiftv  dollars  for  himself  and  fifty  dollars  for  C.  D.,  his  surety. 


8S  Justice  Forms 

on  this  day  of ,  187...;  but  being  this  da}'  called' 

out  on  said  recognizance,  came  not,  but  wholly  made  default;  and 
C.  D.,  his  said  suret}-,  being  called  to  bring  with  him  the  bod}-  of" 
the  said  A.  B.  into  court,  came  not,  but  failed  therein.  It  is,,  there- 
upon, considered  and  adjudged  by  the  court  that  the  State  of 
Mississippi  do  have  and  recover  of  and  from  the  said  A.  B  the  sum 
of  lift}'  dollars,  and  of  and  from  the  said  C.  D.  the  sum  of  iUty 
dollars,  as  also  the  costs  in  this  behalf  to  be  taxed,  unless  they 
severally  be  and  appear  before  the  next  term  of  the  court  of  the 
undersigned  Justice  and  show  good  cause  to  the  contrary;  for  which 
scire  facias  will  issue. 

Adjudged  this    dav  of  ,187... 

J.  P. 


§2792.] 

No.  194.— SCIRE  FACIAS  OX  FORFEITED  RECOGNIZANCE.. 

State  of  Mississippi, 

To  the  sheriff"  or  any  constable  of county: 

Whereas,    before   the  undersigned,   one    of  the   Justices    of   the 

Peace  for  said  county,  on  the  day  of  ,   187...,  A. 

B.,  who  had  been 'recognized  to  appear  before  said  Justice  on  said 
da}-,  to  answer  unto  the  State  of  iNIississippi  of  a  charge  of  [here 
state  H)  being  called,  came  not,  but  fails;  and  C.  D.,  his  securit}', 
being  called  to  bring  the  body  of  the  said  A.  B.  into  court,  came 
not,  but  failed  therein;  whereupon  it  was  ordered  by  the  court  that 
said  State  recover  from  said  A.  B.  the  sum  of  fift}'  dollars,  and 
from  said  C.  D  ,  his  suret}',  the  sum  of  fift}^  dollars,  and  the  costs  in 
this  behalf,  unless  they  severally  appear  and  show  good  cause  to 
the  contrary,  at  the  next  term  of  said  Justice's  court.  You  are,, 
therefore,  hereby  commanded  to  cite  the  said  defendant  and  his  said 
surefc}',  to  personally  appear  before  the  undersigned,  at  his  office  in 

said  county,  on  the  day  of ,  187...,  to  show  cause, 

if  any  they  can,  why  said  judgment  shall  not  be  made  absolute  for 
the  amount  thereof,  and  execution  thereon;  and  further  to  do  and 
perform  in  tlie  premises  wdiat  may  be  riglit  and  proper;  have  then 
there  this  writ. 

Witness  mv  hand  and  seal  this  da}'  of  ,  187. 

■ ,J.  P. 

Note. — If  the  amount  of  the  bond  or  recognizance  exceeds  the  sum  of 
$150,  it  is  the  duty  of  the  Justice,  on  a  forfeiture  thereof,  to  return  the 
recognizance  or  bond  to  the  Circuit  <;^ourt,  with  his  certificate  of  the  default 
attached  to  the  same;  and  then  to  issue  an  alias  warrant  for  the  arrest  of 
the  defaulter. 


S  2874.] 

No.   195.— CERTIFICATE  OF  DEFAULT  ON  BOND  OR 

RECOGNIZANCE. 

St.-\.te  of  SIississippi,  County,  ^ss. 

I  hereby  ccrtif}-  that  the  bond  [or  recorjnizance)  to  which  this  is- 


Ill  Criminal  Cases.  89 

attached,  was  ciiLurcd  into  on  the  date  therein,  and  tliat  on  the  

day  of  187,..,  the  said  A.  Ji.  being  called  out  on  his  recog- 
nizance {or  bond),  came  not,  but  failed;  and  that  C.  D.,  his  security 
on  his  rocognizaiice,  being  called  to  bring  with  him  the  body  of  tlie 
said  A.  r>.  into  court,  came  not,  but  failed  therein. 

Given  under  my  hand  and  seal  this  day  of  ,  187 

". J.  r.   [sEAi..] 

§§2515,  2516.] 

No.    196.— BRIBERY  AT  ELECTIONS— COMPLAINT. 

State  of  Mississirn, County.  )■  ss. 

A.  B.,  of  said  count3%  being   by   me,  the   undersigned   Justice  of 

the  Peace  for  said  county,  duly  sworn,  says  that  on  the day  of 

.,187...,  C.  D.  did,  at   said  county,  willfully  and    unlawfully 

offer  {or  [fu'c)  to  K.  F.,  then  and  there  a  legal  and  qualified  elector 
for  said  county,  live  dollars  (or  anything  else)  as  a  reward,  for  the 
purpose  of  inducing  him,  the  said  E.  F.,  to  persuade  and  procure 
the  electors  of  said  county  to  vote  at  the  general  (or  special)  elec- 
tion held  on  the  day  of     ,  187...,  for  him,  the  said  C.  D. 

(or  for  any  other),  i'ov  the   oflice   of  ,  against  the  statute  in 

that  behalf,  and   the  peace  and   dignity  of  the  State  of  Mississippi. 

Or,  C.  D.  did,  at  said  county,  willfully  and  unlawfully  procure 
(or  endeavor  to  procure)  the  vote  of  E.  F.  (or  tlie  inflaence  of  E.  F. 
over  the  electors  of  said  county),  at  the  general   (or  sjoecial)  election 

held  on   the  day  of   ...,187 in   said   county,  for  himself 

(or  for  any   other)   for  the   otiice   of  ,  by  threats   of  violence 

towards  tiie  person  of  said  E.  F.; 

Or,  threats  of  withdrawing  custom  or  dealing  in  business  or  trade, 
or  of  enforcing  the  payment  of  a  debt,  &c.,  or  any  other  threat  or 
injury  to  be  inflicted  by  said  C.  D.,  or  by  his  means. 


§§5598  and  on.]     No.  197.— GAMING— COMPLAINT. 

State  OF  ^Iississirri,  County.  }>ss. 

A.  B.,  of  said  county,  being  by  me,  the  undersigned  Justice,  (kc, 

duly  sworn,  says  that  on  the  day  of ,187....,  at  said  county, 

and  on  divers  other  days,  C.  D.  did  play  at  a  game  of  cards  for 
money  (or  did  wager  and  bet  money,  or  other  valuable  thing  then 
and  there  upon  a  cock-fight,  or  election  then  pending); 

Or,  C.  D.  did  keep  and  exhibit  a  certain  gaming  table  called  A. 
B.  C,  or  E.  O.,  roulette,  rowley-powley,  rouge  et  noir,  rondo,  monte, 
faro,  keno,  or  any  other  kind  or  description,  for  public  play  for 
raone}',  or  other  valuable  thing; 

Or,  C.  D.  did  publicly  (or  privately)  put  up  a  certain  lottery,  to 
be  drawn  or  adventured  for; 

Or,  C.  D.  did  put  up  a  certain  prize  to  be  raffled  or  played  for. 


90  Justice  Forms 

Or,  C.  D.  did  sell  and  expose  for  sale  certain  lottery  tickets  {or 
lirizes,  or  prize  boxes). 

Or,  C,  D.  did  keep  and  exhibit  a  certain  billiard  table  for  pnblic 
play,  without  having  a  license  therefor. 


§  2531.]  No.  198.— DUELS— COMPLAINT. 

State  of  Mississippi,  Copiah  County.  )■  ss. 

A.  B.,  of  said  county,  being  by  me,  the  uiulersigiied  Justice,  tfec, 

duly   sworn,    says,   that  on   the      .  . .    day  of ,  187.  .,  of  said 

county,  C.  D.  did  send  and  cause  to  be  delivered  to  the  said  A.  B.  a 
written  (or,  verbal)  message,  purporting  and  intending  to  be  a  chal- 
lenge to  tiie  said  A.  B.  to  tight  a  duel  with  the  said  C.  D.,  within 
said  State  (or,ioithoiU  the  bounds  of  said  State);  and  that  E.  F.  did 
deliver  said  message  to  the  said  A.  B.,  knowing  the  same  to  be  a 
challenge  to  fight  as  aforesaid. 

Or,  C.  D.  did  send  and  cause  to  be  delivered  to  E.  F.  a  written 
(or  verbal)  message,  purporting  and  intending  to  be  a  challenge  to 
said  E.  F.  to  fight  a  duel  with  said  CD.,  within  the  bounds  of  said 
State  (or,  without);  that  said  message  was  delivered  by  G.  H., 
knowing  the  same  to  be  a  challenge  to  fight  as  aforesaid,  and  that 
the  same  was  accepted  by  the  saidE.  F.,  and  arrangements  are  being 
made  by  said  palties,  and  others,  for  said  duel,  &c. 


g  2711.] 


S  27] 

No.    199.— DESTROYING  BOUNDAEY— COMPLAINT. 
State  of  Mississippf,  Copiah  County.  }^ss. 

A.  B.,  of  said  county,  being  by  me,  the  undersigned  Justice,  etc., 

duly  sworn,   says,  that  on  the    ....    day  of ,  187.  .,  at  said 

county,  C.  D.  did  knowingly  cu'.;,  fell  and  destroy  (or,  cause  the  sarne 
to  be  done),  a  certain  pine  tree,  the  same  being  a  boundarj^  one, 
between  the  lands  of  said  A.  B.  and  the  said  C.  D.  (or  others),  to 
the  wrong  and  manifest  injury  of  the  said  A.  B.  (or,  remove  or  de- 
stroy any  other  character  of  land  mark,  to  the  ivrong  of  amj). 


§  2569.] 

No.  200.— OBTAINING  MONEY,  etc.,  BY  FALSE  PRETENCE- 
COMPLAINT. 

State  of  Mississippi,  Copiah  County.  }-ss. 

A.  B.,  of  said  county,  being  by   me,  the   undersigned,    ikc,  duly 

sworn,  says,  that  on  the  day  of 187.  .,  at  said  county, 

C.  D.  did  designed!}^,  by  color  of  a  certain  false  writing  then  and 
there  exhibited,  with  intent  to  cheat  and  del"raud  tlie  said  A.  B., 
obtain  the  signature  of  said  A.  B.  (as  security)  to  a  certain  promis- 
sory note,  for  the  sum  of  fifty  dollars,  payable  to  one  E.  F.,  thirty 
days  after  date. 


In  Criminal  Cases.  -^1 

Or,  C.  ]).  Uut,  de.si;>iirtlly  imd  by  false  pretence,  with  intent  to 
cheat  and  defraud  the  siiid  A  B.,  by  representing  that  he,  the  said 
C.  D.,  had  tlien  a  growing  crop  of  cotton,  which  would  yield  at  feast 
five  bales,  in  said  county,  and  that  the  same  was  wholly  unincum- 
bered, and  was  his  [)roperty,  obtain  from  said  A.  1>..  on  a  credit, 
goods  and  supplies  of  provisions  amounting  to  tlie  sum  of  fifty  dol- 
lars (or,  harse,  or  'imile,  or  other  properlij). 


§2653.]         No.  201.— COMPLAINT  FOR  PETIT  LAIl(Jp:NY. 
State  of  Mississippi,  County  of  Copiah,  ^ss. 

A.  B.,  of  said  county,   being  by  me,   the   undersigned  Justice  of 

the  Peace  in  and  for  said  county,  duly  sworn,  says,  that  on  the  

day  of ,  187...,  certain  personal  property  of  said  A.  B.,  to-wit: 

{describe  it,)  of  the  value  of  twenty  dollars,  was  feloniously  taken 
and  carried  away  from  his  dwelling-house-  (or  other  place)  in  said 
county  ;  and  that  he  suspects  and  verily  believes  that  the  same  was 
so  taken  and  carried  away  l)y  C.  D. ;  wherefore,  he  prays  that  the 
said  C.  D.  may  be  arrested  and  the  said  charge  inquired  into. 

A.  B. 

Sworn  to  and  !>ubscril)ed,  this  day  of  ,  1S7G. 

,  J.  P.  (seal.) 


Note. — Juries  are  allowed  in  all  criminal  cases  tried  by  a  Justice,  on  de- 
mand of  the  defendant.  On  such  demand,  let  him  issue  a  venirie  facias,  as 
in  No.  — .     The  following  is  a  form  of  oath  to  jurors,  in  such  cases  ; 

No.  202,— OATH  OF  JURORS  IN  CRIMINAL  C  VSES. 

You  and  each  of  you  do  solemnly  swear  that  you  will  well  and 
truly  try  and  true  deliverance  make  between  the  State  of  Mississippi 
and  the  prisoner  at  the  bar,  whom  you  have  in  charge,  and  a  true 
verdict  give,  according  to  the  law  and  the  evidence.  So  help  you 
God. 


R  E  ^I  P:  D  I  E  S     A  G  A  I  N  S  T     J  U  S  T  I  C^  E . 

§  1339.] 

No.  203.-COMPLAINT  FOR  FAILURE  TO  PAY  OVER  MONEY'. 

:State  of  Mississippi,  County.  }-*Ss. 

This  da}^  came  before  the  undersigned,  one  of  the  Justices  of  the 
Peace   for  said  county,   A.  B.,  and  makes   complaint,  on   oath,  that 

heretofore,  to-wit:  on    the  day  of    ,  187...,  he   recovered 

before  John  Doe,  a  Justice  of  the  Peace  for  District- No.  ...,  of  said 
county,  a  judgment  for  tvventj'-tive  dollars,  against  C.  D. ;  that  exe- 
•cution  issued  thereon,  in  due  course,  and  was  levied  on  certain  per- 


92  Justice  Forms 

sonal  property,  and  sold  to  satisfy  said  judgment  and  costs  ;  that 
due  return  was  made  of  said  moneys  to  said  John  Doe,  Justice  as 
aforesaid,  by  the  ofHcer  making  the  same  ;  but  although  often  re- 
quested to  do  so,  the  said  John  Doe  wholly  fails  to  pay  over  to  com- 
plainant the  money  so  collected  on  said  execution,  received  by  him 
as  aforesaid,  in  his  oflicial  capacity  ;  wherefore,  complainant  prays 
a  summons  may  issue  to  said  John  Doe,  Justice  as  aforesaid,  com- 
manding him  to  appear  and  answer  to  this  complaint.  A.   B. 

Sworn  to  and  subscribed  before  me,  thib da^^  of    ,  187 — 

.'. ,  J.  P.,  (seal.) 

Note. — On  the  foregoing,  a  summons,  in  the  usual  form  of  civil  suit, 
issues,  stating  therein  the  cause  of  action  to  be  a  failure  to  pay  over  money. 
A  good  plan  is,  always  to  copy  the  words  of  the  affidavit  or  complaint,  in  all 
summonses  and  warrants. 


^1339.1 

No.  204.— JUDGMENT  AGAINST  JUSTICE. 

Be  it  remdmbered,  that  this  da}^  came  A.  B.,  complainant,  and 
John  Doe,  defendant  in  said  action  in  person  {and  hy  their  attorneys, 
if  so),  and  all  the  evidence  being  heard  (and  the  argument  of  coun- 
sel, if  any),  it  is  considered  by  the  court  that  the  complaint  of  baid 
A.  B.  is,  in  all  respects,  true;  thereupon  It  is  ordered  and  adjudged 
by  the  court  that  the  said  A.  B.  do  have  and  recover  ot  and  from 
the  said  John  Doe,  the  sum  of  twenty  five  dollars,  with  ten  percent, 
damages  on  said   sum,  and   costs  of  suit,  without  stay  of  execution. 

For  which  execution   may  issue.     Ordered   and  adjudged  this  

day  of 187 ,  J-  P- 


.^2712.  Fee  bill,  ^U.\ 

No.  205.— AFFIDAVIT  FOR  EXTORTION  AGAINST  JUSTICE. 

State  OF  Mississippi,    County.  }-ss. 

This  day  personally  came  before  the  undersigned,  one  of  the 
Justices  of  the  Peace  for  said  county,  A.  B.,  who  made  complaint, 

on  oath,  that  John  Doe,  Justice  of  the  Peace  for  District  No ,  of 

said    county,  did,  on    the    day   of   ,   187...,   knowingly 

demand,  take,  collect  and  receive,  under  color  of  his  office,  and  in 
his  official  capacity  as  Justice  of  the  Peace,  as  aforesaid,  the  sum  of 

two  dollars  (or  any  sum),  as   fees  in   the  case  of  vs , 

heretofore  tried  before  said  Justice,  and  of  record  in  his  office,  the 
same  not  being  authorized  by  the  laws  of  this  State  (nor  the  fees 
collected,  enumerated  in  the  act  estahlishin<i  fees  of  certain  officers, 
if  so);  wherefore  complainant  pra3-s  the  arrest  of  said  John  Doe, 
that  he  may  be  tried  for  extortion.  A.  B. 

Sworn  to  and  subscribed  this  day  of ,  1S7... 


J.  P. 


In  Criminal  Cases.  93 

§2889.) 

No.    206.— AFFIDAVIT  ACxAINST  JUSTICE  OR  CONSTABLE 
FOR  FAILURE  TO  ARREST. 

State  ov  jMississippi,  County.  J>ss. 

Personally  appeared  before  the  umlersigued,  one  of  the  Justices 
of  the  Peace  for  said   county,  A.  B.,  who  made  coin])laint,  on  oath, 

that  John  Doe,  a  Justice   of  the   I'eace   of  District  No of  siud 

county  {or  constable),  was  present  at ,  on  the  day  of  , 

187...,  when  one  C.  1).  did  violently  assault  and  beat  E.  F. ; 

Or,  was  drunk  and  using  profane  language  and  disturl)ing  the 
peace  in  a  public  place,  or  any  other  offense  committed  or  about  to 
be  committed; 

against  the  |)eace  and  dignity  of  the  State  of  oMississippi;  the 
offense  as  aforesaid,  although  being  committeil  in  the  view  and 
knowledge  of  said  Justice  [or  constable),  the  said  Justice  [or  con- 
stable) has  willfully  neglected  and  refused  to  arrest  and  return  the 
said  C.  D.; 

Or,  the  offense  as  aforesaid  being  about  to  be  committed,  the  said 
Justice  (or  constable)  did  willfully  absent  himself  I'or  the  purpose 
of  avoiding  a  knowledge  of  the  same; 

Or,  the  offense  as  aforesaid  having  been  committed,  or  about  to 
be  committed,  the  said  Justice  (or  constable)  was  duly  notifiecl 
thereof,  or  the  danger  thereof,  but  willfully-  neglected  and  refused, 
&c. ; 

In  violation  of  the  statute  in  that  behalf,  wherefore  affiant  pra3's 
the  arrest  of  the  said  John  Doe,  that  this  charge  may  be  inquired 
into.  "  A.  B. 

Sworn  to  and  subscribed  this  day  of  ,  18... 

,  J.P. 

/  

Note. — It  has  been  too  much  the  case,  in  this  State,  that  officers  have 
stood  by,  silent  spectators  of  rows  and  drunken  broils,  when  offenses  not 
only  are  in  danger  of  being  committed,  but  are  actually  committed  in  their 
view,  and  nothing  comes  of  it.  Let  all  good  citizens  bring  .such  officers  to 
the  bar  of  justice,  by  filing  against  them  an  affidavit  to  the  eflect  of  the  fore- 
going. If  an  officer  leaves,  that  he  may  not  see  and  know,  he  is  equally 
guilty.  Let  the  day  be  hastened,  when  offenses  shall  not  be  committed  in 
Mississippi,  without  certain  and  speedy  arrest  and  punishment. 


§  1599.) 

No.  207.— JUDGxAIENT  NISI  AGAINST   JUSTICE  FOR  NON- 
ATTENDANCE  IN  UNLAWFUL  ENTRY  AND  DETAINER. 

Be  it  remembered,  that  on   the  day  of  ,  187...,  A..  B. 

filed  before  the  undersigned  Justice,  a  complaint,  on  oath,  that  C. 
D.  had  unlawfully  turned  him  out  of  possession  (or,  unlaicJuUi/ 
ioithheld  from  him  the  possession)  of  certain  premises  in  the  county 
of ,  described  in  said   complaint;  that  thereirpon,  the  un- 


94:  Justice  Forms 

dersigned  issued  his  warrant,  summoning  the  said  C.  D.  to  appear 

and  answer  said  complaint,  on   the  day  of ,  187...,  and 

also  requiring  the  oflicer  serving  said  warrant,  to  give  notice  to  and 
request  the  attendance,  at  the  time  and  place,  in  said  warrant  set 
forth,  of  E.  F.  and  G.  H.,  two  other  Justices  of  the  Peace  of  said 
county  ;  but  it  appearing  to  the  satisfaction  of  the  undersigned, 
that  G.  H.,  one  of  the  Justices  aforesaid,  was  duly  notified,  and  has 
failed  to  attend,  and  no  cause  shown  therefor,  it  is  ordered  that  a 
line  of  twenty  dollars  be  entered  up  against  said  G.  H.,  for  the  use 
of  said  county.  And  it  is  further  ordered,  that  scire  facias  issue  in 
this  behalf,  commanding  said  G.  IT.  to  appear  and  show  cause  why 
auch  fine  should  not  l)e  final. 

Ordered,  this day  of ,  1S7.... 

,  J.  P. 


§1599.] 

No.  208.— SCIRE  FACIALS  FOR  DEFAULTING  JUSTICE. 

State  of  Mississippi, 

To  the  sheriff  or  any  constable  of  county: 

Whereas,  on  the  ......  day  of ,  187...,  G.  H.,  a  Justice  of  the 

Peace  for  said  county,  was  duly  summoned  to  attend  on  the   under- 
signed, at  his  office,  for  the  purpose  of  holding  a  court,  in  a  matter 

under  the  statute  of  unlawful  entiy  and  detainer,   on  the  day 

of ,187...,    came   not,   but   made    default;    whereupon,    the 

undersigned  entered  up  a  fine  of  twenty  dollars  against  the  said  G. 
IL,  which  shall  be  final,  unless  good  cause  be  shown  to  the  contrary. 

Therefore,  you  are  hereby  commanded  to  cite  th3  said  G.  H., 
Justice  of  the  Peace,  as  aforesaid,  to  be  and  personally  appear  before 
the  undersigned  Justice  of  the  Peace  of  said  count}',  at  his  office 
therein,  on  the  day  of ....,  187...,  then  and  there  to  show- 
good  cause,  if  any  he  can,  why  said  fine  should  not  be  made  final, 
and  execution  issue  thereon.     And  have  you  then  there  this  writ. 

Witness  my  hand  and  seal,  this  day  of  ,  1876. 

,  J.  P.  (seal.) 


RE^ilEDIES     UNDER      THE      LICENSE     AND 

L  I  (I  U  O  R     LAW. 

§2692;  §2,  Acts  1873,  p.  97. 

^-o.  209.— SELLING  LIQUOR  TO  MINOR— AFFIDAVIT. 

State  of  Mississippi,  County  [-ss. 

Personally  appeared  before  the  undersigned,  one  of  the  Justices 
of  the  Peace  for  said  county,  A.  B.,  who   being  by  me  duly  sworn, 

says  on  oath   that  C.  D.,  of  said  county,  did,  on   the    day  of 

,  187...,  in  said  'county,  knowingly  sell  intoxicating  liquors  to 

E.  F.,  a  minDr  under  the  age  of  twenty-one  years,  and  not  upon 


In  Criminal  Cases.  95 

the  written  order  of  his  parents  {or  (imirdiun)  or  family  physician, 
against  the  peace  and  dignity  of  the  State  of  Mississippi,  and  con- 
trary to  the  statute  in  that  behalf.  A.  L>.  , 

Sworn  to  and  subscribed,  this  ...  day  of  ,  1876. 

J.  P. 


§  2,  Acts  1873,  p.  97.] 

No.  210.-SELLING  TO  AN  INTOXICATED  PERSON— AFFI- 
DAVIT. 

State  of  Mississun'i,  County,  ^ss. 

Personally  appeared  before  the  undersigned,  one  of  the  Justices  of 
the  Peace  for  said  county,  A.  B.,  who  being  by  me  duly  sworn,  says 

on  oath  that  C  D.  did,  on  the  ...  day  of ,  187...,  in  said  county, 

sell  intoxicating  liquors  to  E.  F.,  who  was,  at  the  time  of  sale, 
intoxicated,  as  was  well  known  to  said  C.  D.  [or  who  was  tvell  knoxcn 
to  said  C.  D.  as  a  -person  in  the  habit  of  getting  intoxicated),  against 
the  peace  and  dignity  of  the  State  of  Mississippi,  and  tlie  statute 
in  that  behalf. 

Sworn  to  and  subscribed  this  ...  day  of ,  187... 


J.  P 


§2459.]  No.  211.~PETITI0N  FOR  LICENSE. 

To  the  Hon.  P>(>ard  of  Supervisors  of  the  county  of ,  State  of 

Mississippi: 

Or,  to  the  Mayor  and   Board  of  Aldermen  of  the  town  of  , 

county  of  ,  State  of  Mississippi: 

The  undersigned  petitioners  would  respectfully  represent  unto 
your  Honorable  Board  that  A.  B.,  who  hereby  makes  application  for 
a  license  to  sell  vinous  and  spirituous  liquors  in  District  No.  ..  ,  in 
said  county,  in  less  quantities  than  one  gallon,  at  the  house  in  said 

District,  on  the  public  road,  situated  on  the  lands  ot  (or,  in 

the  toion  of  ,  in  said  county,  in   the  house  on street,  known 

as  the  Saloon),  for  the  period  of  one  year,  is  a  person  of  good 

reputation,  and  a  sober  and  suitable   person  to  receive  such  license; 
and  that  the  sigivatures  hereto  are  the  genuine  ones  of  those  signing, 
or  attested  in  the  genuine  marks  of  the  petitioners,  and  represent, 
as  your  petitioners  verily  believe,  the  majority  of  the  male  citizens 
over  t\vent3^one  years  of  age,  residents  of  the  Supervisor's  District 
aforesaid  {or,  o/said  town);  Theretore  your  petitioners  respectfully 
ask  that  license  be  issued  to  the  said  C.  D. 
Names. 
A.  B., 
G.  II. 


96  Justice  Foiins 

§  2460— §  1,  Acts  1873,  page  97. J 

No.  212.— BOND  FOR  LICENSE. 

State  of  jNIississippi,  County,  )^ss. 

Know  all  men  by  these  presents,  That  we,  C.  D.,  E.  F.,  and  G.  H., 
are  held  and  firmly  hound  unto  the  people  of  the  Stale  of  Missis- 
sippi in  the  penal  sum  of  two  thousand  dollars,  for  which  payment 
well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  ami  legal 
representatives,  jointly    and    severally,    tirmly    b^'  these   presents  ; 

signed  with  our  hands   and  sealed   with  our  seals,  this day  of 

,  187.... 

Tlie  condition  of  the  above  obligation  is  such.  That  whereas, 
upon  petition  executed  and  filed  according  to  law,  the  Board  of  Su- 

])ervisors  of  the  county  of ,  said  State  {or,  the  Mayor  and 

Board  of  Aldermen  oj  the  town  of ,  in  said  county,)  did,  on 

the  day  of   ,  187...,  grant  and  order  the  issuance   of  a 

license  to  the  above  bound  C.  D.,  to  sell  vinous  and  spirituous 
liquors,  in  quantities  less  than  one  gallon,  in  District  No.  ...,  of  said 

county,  at  a  certain   house  on  the  public  road,  situated 

on  the  lands  of  ,  (or,  in  said  toivn,  as  in  the  petition,)  for 

the  period  of  one  year  from  this  date  ;  Now,  therefore,  if  the  said 
C.  D.  shall,  during  the  continuance  of  said  license,  keep  a  quiet, 
peaceable,  and  orderly  house,  as  afoiesaid,  and  will  not  suffer  or 
permit  any  riotous  or  disorderly  conduct,  or  any  drunkenness,  or 
any  unlawful  gaming,  in  or  about  the  same,  or  on  the  premises  there- 
unto belonging,  and  will,  in  all  things,  faithfully  observe  and  keep 
all  the  provisions  of  the  statutes  in  this  behalf ;  and  that  said  E.  F. 
and  G.  H.,  sureties  herein,  will  pay  all  damages  to  any  i)erson  or 
persons,  which  may  be  inflicted  upon  them,  either  in  person  or 
property,  or  means  of  support,  by  reason  of  the  said  C.  D.,  so  obtain- 
ing a  license,  selling  or  giving  away  intoxicating  liquors,  then  this 
obligation  shall  be  void,  otherwise  remain  in  full  force  and  effect. 

C.  D.,  (seal.) 
E.  F.,  (seal.) 
G.  H.,  )seal). 


§3,  Acts  1873,  page  77.] 

No.  213.— PLACES    TO    BE    NUISANCES    FOR    UNLAWFUL 
SELLING  LIQUOR— AFFIDAVIT. 

State  of  Mississippi,    County.  }-ss. 

Personally  appeared  before  the  undersigned,  one  of  the  Justices  of 
the  Peace  for  said  county,  A.  B.,  who  being  by  me  duly  sworn,  on  oath 
says  that  C.  D.,  who  keeps  a  tavern  {or,  hotel,  eating  house,  store,  res- 
taurant, di^ufj  store,  (jrocery  store,  coffee-house,  billiard  room,  or  other 
2)lace  of  public  resort,)  in  said  count3%  sells  {or  f/ives  aioay)  intoxi- 
cating liquors,  at  said  tavern,  in  violation  of  the  Act  to  provide 
against  the  evil  resulting  from  the  sale  of  intoxicating  liquors  in 
tile  State  of  Mississippi,   and   against  the  peace  and  di<^nity  of  the 


Ill  Criminal  Cases.  97 

same  ;   wherefore  afHunt  prays  tliattliis  ohariic  may  ho  inquired  into, 
and  the  said  tavern  dealt  wiili  accordinji^  to  law.  A.  B. 

Sworn  to  and  subscribed,  this  day  of  ;..,  1876. 

'. , ,  J.   ]'. 

NoTK. — Tlic  foregoing  aflklavit  can  be  made  as  well  against  liini  wIjo  lias 
a  license,  as  one  wlio  has  not.  It  should  be  certainly  filed  against  all  who 
have  no  license,  and  against  the  licensed  saloon  keeper  who  permits  drunken- 
ness, riots,  or  gaming  about  him,  or  who,  in  any  other  way,  violates  the  law 
on  the  sulyect.  If  convicted,  the  house  is  closed  as  a  nuisance,  until  new 
bond,  &c. 


§  5,  Acts  1873,  p.  98.] 

No.  214.— SUIT  BY  WIFE,  GUARDIAN,  CHILD,  c^c,  AGAINST 
SALOON  KEEPER. 

State  OF  Mississiri'i,/     _         '    Injustice  Court, 

County.       j    ■■■  'Iiih'  ,   187... 

Mary  Rainbow,  wife  of  John  Rainbow,  of  said  county,  complains 
of  A.  B.,  of  said  county,  in  this:  That  said  A.  B.  is  tlie  keeper  and 
owner  of  a  saloon  {or  store),  where  intoxicating  licjuors  are  sold  or 
given  away,  in  said  county,  and  that  heretofoi'e,  to- wit:  on  the  .... 

da^'  of ,  J87.  .,  the  said  A.  B.,  either  by  himself  or  by  his 

agents  or  emijloyees,  did  sell  or  give  to  said  John  Rainbow,  the 
husband  of  complainant  as  aforsesaid,  certain  quantities  of  intoxi- 
cating liquors,  unknown  to  complainant,  which  caused,  in  whole  or 
in  part,  the  drunkenness  and  complete  intoxication  of  said  John 
Rainbow;  that  on  the  date  aforesaid,  the  said  John  Rainbow,  by 
reason  of  the  intoxication  atoresaid,  did  violently  assault  and  beat 
this  complainant,  and  did  break  the  bones  of  the  right  aim  of 
com\)\sdnnn\,  [or,  was  throi07i  from,  his  horse  and  so  injured  that  he 
reraained  sick  and  disabled  Jor  many  days,  being  unable  to/urnish 
means  of  su/>portJor  complainant,  or,  any  other  injury  caused  by  the 
intoxication,  as  being  beat  or  wounded  in  a  broil  or  Jiyht  with  some 
one  or  other,  or  inj uriny  propertu) ,  to  the  great  damage  and  distress 
of  said  complainant,  to-wit:  to  tlie  damage  of  one  hundred  and  fifty 
dollars  ;  wherelbre  she  brings  this  suit,  and  claims  the  said  suni  of 
one  hundred  and  lifly  dollars,  and  prays  that  said  A.  B.,  as  also  C. 
D.,  owner  and  lessor  of  the  saloon  house  {or,  store  house)  occupied 
by  said  A.  W.,  where  said  intoxicating  litpiors  were  sold  or  given 
away,  be  summoned  to  appear  and  answer  this  complaint. 

3Iaky  Rainkonv. 


Note. — Our  laws  upon  the  subject  of  retailing  spirituous  liquors,  are  the 
best  lemperance  society  within  my  knowledge,  if  strictly  enforced,  but  while 
they  remain  a  dead  letter  on  our  statute  books,  they  are  monuments  of  our 
shame.  Religious  public  ojiinion  and  the  strict  and  summary  enforcement 
of  our  lavs,  before  honest  oflicials,  inust  be  the  means  of  redeeming  the 
country  from  the  "  mocker,  strong  drink,  which  biteth  like  a  serpent,  and 
stingeth  like  an  adder." 

7 


98  Justice  Forms 

§1,  Acts  1873,  p.  67.] 

No.   215.— AFFIDAVIT     FOR     INFPJNGEMENT    OF     CIVIL 

RIGHTS. 

State  OF  Mississippi,  County.  }-ss. 

Personally'  appeared  before  Uie  undersigned,  one  of  the  Justices 
of  the  Peace  for  said  county,  A.  B.,  a  citizen  of  said  State,  who 
bein""  by  me  dul}'^  sworn,  on   his  oath  says  that  C.  D.,  the  owner  or 

lessee  ot  a  public  hotel  in  the  town  of ,  in  said  county,  known 

as  the  Hotel,  now  mannged  and  controlled  by  the  said  C.  D., 

for  the  use  and  benefit  of  the  public  and  traveling  community',  did, 

on    the   day  of   ,  187...,  deny,  abiidge   and  infringe,  ou 

account  of  race,  color  and  the  previous  condition  of  servitude  of 
the  said  A.  B.,  l)is  equal  and  impartial  enjoyment  of  the  accon)mo- 
dation,  facility,  privilege  and  advantage  of  said  hotel;  the  said  A. 
B.  having  respectfully  demanded  and  being  abundantly  able  to  pay 
lor  the  same,  as  was  well  known  to  said  C  D. ;  that  the  refusal  of 
the  said  C.  D.  to  grant  to  said  A.  B.  the  equal  and  impai'tial  accom- 
modation of  said  hotel  as  aforesaid,  was  only  for  the  reason  afore- 
said and  none  other,  and  against  the  statute  in  that  behalf;  where- 
fore the  said  A.  B.  prays  that  the  said  C.  D.  may  be  arrested  and 
held  to  answer  fully  in  the  premises,  and  be  dealt  with  as  shall  be 
just  and  according  to  law.  A.  B. 

Sworn  to  and  subscribed  this  day  of ,  187. 


J.  P. 


ELECTION     FRAUDS. 

§  2536  and  on.J  No.  216.— AFFIDAVIT. 

State  of  Mississippi, County  J>ss. 

A.  B.   being  duly  sworn   by  me,  the   undersigned  Justice  of  the 

Peace  for  said  county,  says  "that  on   the  day  of 187  .., 

the  same  day  being  a  general  {or  special)  election  day  in  said  county 
and  State,  for   public  officers,  and  at  the   election  precinct  in  said 

county   called  precinct,  in  District  No.  ...   of  said  county, 

one  C,  D.  did,  by  violent  action,  and  intimidation  and  threats; 

Or,  by  cursing  and  abusing  the  inspectors  or  clerks  of  said  elec- 
tion, or  the  voters  there  assembled  ; 

Or,  by  the  exhibition  of  deadly  weapons,  to-wit:  a  pistol,  in  a 
rude,  angry  and  threatening  manner; 

Or,  by  attempting  to  remove  the  ballot  boxes,  etc.,  etc.,  unlaw- 
fully disturb  said  election  ; 

Or,  did  (§  2537)  vote  at  said  election,  not  being  legally  qualified; 

Or,  did  vote  at  said  election  at  said  precinct,  having  voted  at 

precinct  in  said  county,  or  in  county,  on  the  sa.me  day; 

Or,  being  a  resident  of  District  No.  ...,  in  said  county,  did  vote 
for  a  member  of  the  Board  of  Supervisors; 

§2539.]     Or,  being  an   Inspector  {or  other  officer,)    of  said  elec- 


In  Criminal  Cases.  99 

tioi),  :it  said  prcciiicl,  did  procci'd  to  said  eU-cLioii  wiliioiit  liavin;^ 
tlio  ballot  l)ox  locked  and  set-iirod,  in  the  rnannor  directed  ])v  law  ; 

Or,  being  an  Ins|)ect<;)r,  &c.,  did  open  and  I'cad,  or  consented  that 

and  should  open  and  read   ballots  given  to 

him  to  be  dei)Osited  in  the  box,  at  said  election,  before  they  were  so 
put  into  said  box,  and  without  th(;  consent  of  tiie  voters  giving  the 
same  ; 

^  2540.]     Or,  being  an  Ins[)ect()r,  k,c.,  did  dispose  of  and  deposit 

the  ballot-box  with  ,  ai  the  house  of in  a  manner 

not  authorized  by  law,  before  the  votes  cast  at  said  election  were 
counted  ; 

Oi-,  did  gi\e  the  key  of  the  ballot  box,  he  being  entrusted  there- 
with, to    l)t'fore  the  votes  in  said  box  were  counted  : 

{^  2541.]  Or.  being  an  Inspector,  (fee.,  and  B.  F.  objected  to  bv  a 
challenger,  as  a  person  unqualified  to  vote,  did  permit  said  K.  F. 
to  vote  without  proof  of  qualification,  in  the  manner  directed  by 
law; 

Or,  did  refuse  the  vote  of  E.  F.,  after  the  said  E,  F.  had  complied 
with  the  requisites  prescribed  by  law,  in  proving  his  qualification  to 
vote,  the  said  C.  D.  knowing  him  to  be  so  entitled  to  vote; 

Or,  did,  knowingly,  permit  PI  F.,  an  unqualified  person  to  vote  at 
said  election;  in  violation  of  the  statute  in  that  behalf,  and  against 
the  peace  and  dignity  of  the  State  of  Mississippi. 

A.  B. 

Sworn  to  an'-l  subscribed,  this  day  of  ,  187.... 

,  J.  P. 

Note. — The  law  of  the  foregoing  will  be  found  in  sections  2536,  2537,  2539, 
2540,  and  2541,  and  should,  at  all  times,  when  violated,  be  enforced  most 
rigidly.  Good  government  results  from  the  purity  of  elections,  and  "  when 
the  righteous  are  in  authority,  the  people  rejoice;  but  when  the  wicked 
beareth  rule,  the  people  mourn." 


FORMS     AS     A     C;  O  U  R  T     OF     IN  ( ^  U  I  R  Y  . 

Note. — The  following  few  general  forms  will  assist  in  cases  of  felony? 
brought  before  Justices  for  examination.  In  the  examination,  if  the  testi- 
mony doc^not  warrant  the  charge,  or  shows  that  a  lesser  offense  whereof  the 
Justice  is  authorized  by  law  to  hear  and  determine,  has  been  committed,  he 
must,  nevertheless,  discharge  the  pris^oner;  but  he  should  arrest  him  on  the 
lesser  charge,  or  misdemeanor,  and  proceed  to  hear  and  determine  the  same  at 
once.  On  a  charge  for  felony,  his  only  duty  is  to  examine  the  whole  case, 
and  hold  the  prisoner  to  answer  before  the  circuit  court,  or  to  discharge  him. 
His  jurisdiction  in  felonies  is  only  to  ascertain  if  the  crime,  in  his  judgment, 
has  been  committed — if  not,  the  affidavit  falls.  He  cannot  scale  the  crime 
and  convict,  on  an  affidavit  charging  a  felony,  lor  a  lesser  oflense,  although 
included  in  the  gi'eater. 

g  2G28.]  No.  217.— COMPLAINT  FOR  MURDER. 

State  op  Mississippi,   County  ^ss. 

A.  B.   being  duly  sworn   by  me,   the   undersigned  Justice  of  the 

Peace  for  said  county,  says  that  on  the  day  of ,  187.,., 

at  the  county  aforesaid,  one  C.  D.  was  feloniously,  wilfully,  and  of 
malice  aforethought,   killed   and  murdered  ;  and  this  deponent  has 


100  Justice  Forms 

just  cause  to  suspect,  and  does  verily  hclievc  and  suspect,  tliat  the 
murder  aforesaid  was  committed  by  E.  F.;*  wherefore,  affiant  prays 
a  warrant  for  the  arrest  of  said  E.  F.,  tliat  tliis  charge  may  be  in- 
fjuired  of.  A.  B. 

.Sworn  to  and  subscribed,  tliis  day  of ,  187.... 

'. J.   V. 


^o.  218.— ACCESSORY  AFTER  THE  FACT. 
[Repeat  tlie  above  to  the  *,  and  add  thereto,  as  follows,  to  suit 

the  facts:]  And  that  afterward,  to  wit  :  on  the  day  of , 

187...,  at  the  county  aforesaid,  one  G.  H.,  well  knowing  the  said  E. 
F.  to  have  done  and  committed  the  said  felony-,  did  leloniously  and 
wilfully  conceal,  aid,  comfoit,  and  assist  the  said  E.  P\,  with  the 
intent  and  in  order  that  the  said  E.  F.  might  avoid  or  escape  from 
arrest  {or,  trial,  or,  conviction  and  'punishment^  iov  the  said  felony 
.and  murder.     [Then  pray  the  warrant,  and  end  as  in  No.  217.] 


§2490.]  No.  219.— COMPLAINT  FOR  ARSON. 

State  of  Mississippi,  Couxty  J-ss. 

A.  B.,  of  said  county,  being  by  me,  the  undersigned  Justice  of  the 

Peace  for  said  county,  duly  sworn,  says  that  on  the day  of , 

187...,  in  the  nighttime,  at  said  county,  one  C.  D.  did,  wilfully  and 
feloniously  set  lire- to  and  burn  {or  either)  the  dwelling-house  of  E. 
1<\,  there  being  aD  the  time,  the  family  of  said  E.  F.,  to-wit :  his  wife, 
iind  daughter  [or,  any  one  else)  residing  therein: 

Or,  in  the  day  time; 

Or,  the  shoj),  v.arehouse,  out-house,  or  other  building  adjoining 
to  or  within  the  curtiJage  of  the  dwelling  house  of  E.  F.,  there  being 
5it  the  time,  the  family,  &c.  A.   B. 

Sworn  to  and  subscribed,  this  day  of ,  187, 


.,  J.  P. 


§  2572 .]           No.  220.— COMPLAINT  FOR  RAPE. 
State  of  Mississippi,  County.  }-ss. 

A.  B.,  of  said  county,  being  by  me,  the  undersigned  Justice,  &c., 

duly  sworn,  says,  that  on   the  day  of  ,  187...,  at  said 

oounty,   R.  H.   did   carnally   and   unlawtuMy  know  S.   T.,  a  female 
-child,  under  the  age  often  years; 

Or,  did  feloniously  assault  and  forcibly  ravish,  and  carnally  and 
unlawfidly  know,  S.T.,  a  female  above  tiie  age  often  years;  or,  did 
ndminister  to  S.  T.,  a  female  above  the  age  often  years,  a  glass  of 
wine  {or,  other  liquid),  containing  some  substance  or  liquid,  which 
produced  stupor,  or  imbecility  of  mind,  or  weakness  of  body,  and 
did  then  and  there,  without  the  consent  of  said  S.  T.,  while  she  was 
preven'.ed  from  effectual  resistance,  by  reason  of  the  liquid  or  sub- 
stance as  aforesaid,  feloniously  assault  the  said  S.  T.,  and  her  car- 


Ill  Criminal  Cases.  101 

nally  and  iiiilawCully  know;  coiiti-arv  to  tlio  statute    in    tliat    behalf^ 
and  a(;:ainst  tlie  jjoacr  and  tliiiiiilv  of  Mis.si.ssip[)i. 

A.  B. 

Sworn  to  and  snl)sriil)od  Ixil'oie  nie,  this  d:i\'  of 187.  . 

"...J.  P.  [seal.] 


.i^  2521.]       No.  221.— COMPLAINT  FOR  BURGLARY. 
State  of  Mississippi,  County,  ^ss, 

A.  B.,  of  said  conuty,  being  by  me,  the  nndersijjjnod,  etc.,  duly 
sworn,  says,  that  on  the  ....  (]ay  of  .  .  .  .,  187.  .,  at  said  county.  P, 
R.  did  feloniously  and  Inirglariously  break  ami  enter  the  dwelling 
house  of  said  A.  B.,  there  being  at  the  tiime  in  said  house  the  wife 
and  daughter  [or  others)  of  said  A.  B.,  by  unlocking  the  outer 
door  thereof  by  means  of  false  ke\-s; 

Or,  picking  the  lovk  of  the  outer  door  thereof; 

Or,  by  bi-eaking  the  wail,  or  outer  door,  window,  or  sliutter  of  a 
windovv,  or  the  lock  or  bolt  of  the  outer  door  thereof,  or  tiie  fasten- 
ing of  a  window,  or  shutter  thereof; 

With  intent  to  steal,  take  and  carry  away,  from  said  house,  divers' 
goods  and  chattels  therein  belonging  to  said  A.  B.  [or  commit  amj 
other  crime),  contrary  to  the  statute  in  that  behalf,  and  against  the 
peace  and  dignitv  of  Mississippi. 

A.  B. 

Sworn   to   and  subsciibed  before  me,  this  ....  da}'  of  ....  187.  . 

,  J.  P.  [seal.  ] 


No.  222.— COMPLAINT  FOR  BRIBERY. 
State  of  JNIississipi-i, County,  ^ss. 

A.  B.,  of»said  county,  being  by  lue,  the  undersigned  Justice  of  tiit- 
Peace   in   and   for   said    county,   duly  sworn,  says,  that  oii  the  .... 

day  of 1S7.  .,   at  said  county,  C.  D.  did  ofier  to  E.  F.,  the 

said  E.  F.  being  then  and  there  a  Justice  of  the  Peace  for  said 
county,  the  sura  often  dollars  (or  anythinff  else),  with  intent  to  in- 
fluence his  opinion  and  ju(igment,'in  a  certain  action  at  law  therr 
pending  before  said  Justice  (or,  C.  D.  beiini  then  and  there  a  Jnslice 
of  the  Peace,  or  other  officer)  for  said  county,  did  receive  of  E.  F.. 
the  sum  often  dollars,  for  the  purp(;se  of  and  with  the  intent  to  in- 
fluence his  opinion  and  judgment,  &c.,  or,  otherwise; 

Or,  C.  I)  being  then  and  there  a  juror  in  attendance  on  the  Cir- 
cuit (or  other)  Court  of  said  county,  did  corruptly  take  [or  receive 
the  liromise  of)  the  sum  of do.lars  (or  anytliiiuj  else),  witii  in- 
tent to  influence  the  verdict  of  said  C.  D.  in  the  case  of  ....  vy.. 
.  .  .-.  then  pending  in  said  Court  ; 

Or,  oflering  such  award  to  any  juror; 

Or,  C.  D.  being  then  and  there  an  inspector  [clerk  or  canvasser) 
of  an  election  then  being  held  in  said  county,  did  receive  iVoin  E.  F.. 
the  sum  of  ....  dollars  [or  anything)  to  influence  the  voters  at  said. 

election   to   vote  the    ticket,  or  his  opinion,  judgment  anch 

action  in  relation  to  saiil  election; 


102  Justice  Forms 

Contrary  lO  tlie  statute  iu  that  behalf,  and  against  the  peace  and 
dignity  of  Mississippi.  A.  B. 

Sworn  to  and  subscribed  before  me,  this  ....  dav  of  .  .  .  .,  187.  .. 


J.  P. 


§2667.]        No.  223.— COMPLAINT  FOR  PP:RJUrvY. 

State  of  Mississippi,  County.  \ 

A.  B.,  of  said  county-,  l)eing  by  me,  the  undersigned,  &c.,  duly 
sworn,  says,  that  on  tiie day  of ,  187  ..,  at  said  county, 

C.  D.  vvas  presented  as  a  witness  in  a  certain  case,  then  pending 
before  PI  F.,  a  Justice  of  the  Peace  for  said  county,  {or,  the  circuit 
court  oj  said  county)  wherein  R.  S.  was  plaintilf  and  O.  P.  defend- 
ant, on  the  part  of  ilefendant,  the  said  Justice  {or  court)  luvving 
complete  jurisdiction  over  the  said  case,  and  full  authority  and 
]>ower  to  try  the  same,  and  to  administer  oaths  to  all  witnesses 
sworn  u[)on  sucii  trial;  the  said  C.  D.  was  duly  sworn  l»y  said 
Justice  {or,  by  the  clerk  of  said  court);  that  the  testimony  he  shall 
giv  in  the  case  uovv  in  hearing,  wherein  R.  S.  was  plaintiff  and  O. 
P.,  defendant,  shall  be  the  truth,  the  whole  truth,  and  nothing  but 
the  truth,  so  help  you  God.  And  tlie  said  C.  D.  being  then  inter- 
rogated, as  such   witness,    whether  the   said   A.  B.   was    present  at 

on   the   day  of  ,  187...,  in  said  county,  which 

inquiry  vvas  material  to  tlie  issue  iu  tlie  said  case,  did,  wilfully  and 
coi-rui)tly,  depose  and  falsely  swear  that  said  A.  B.  was  present  as 
aforesaid,  when,  in  truth  and  faet,  the  said  A.  B.  was  not  so  present 
or  in  said  county  on  said  day;  wherefore,  the  said  C.  D.  did,  then 
and  there,  before  the  Justice  {or  court)  aforesaid,  on  the  day  afore- 
said, wilfully  and  corruptly,  swear  falsely  and  commit  wilful  and 
corrupt  perjury,  contrary  to  the  statute  in  that  behalf,  and  against 
the  peace  and  dignity  of  Mississippi. 

Or,  C.  D.  pi-esented  himself  at  i)recinct  as  an  elector,  a  gen- 
eral {or  special)  election  beii)gthen  and  there  held  for  public  oflu-ers, 
and  declaring  that  he  had  lost  or  mislaid  his  certificate  of  registra- 
tion, but.  desiring  to  vote,  the  following  oath  was  administered  to 
him  l)y  the  inspector  {or  registrars)  liolding  said  election;  the  said 
iuspc'tors  {registrars)  iiaving  full  authority  and  j^ower,  and  being 
required  by  law  to  administer  such  oath,  under  the  circumstances 
aforesaid  (here  set  out  the  o-ith),  and  the  same  being  attached  to  the 
ballot  offered  by  the  said  C.  D.,  was,  by  said  inspectors,  {registrars) 
deposited  in  the  ballot-box;  the  said  C.  D.  having  wilfully  and 
corruptly  sworn  falsely  in  taking  said  oath;  for,  in  truth  and  fact, 

the  said  C.    D.   had,  on   said  day,  voted   at   precinct,  in   said 

county,  on  his  registration  certificate,  which  he  then  had,  tbe  same 
being  maiked  and  dated  according  to  law;   wherefbi'e,  the  said  C* 

D.  did,  then  and  there,  before  sai(l  insitectors  {or  registrars)  afore- 
said, on  the  da}^  aforesaid,  wilfully  and  corruptly  swear  falsely  and 
commit  wilful  and  c(>rru[)t  perjury,  contrary  to  the  statute  in  that 
behalf,  and  against  the  ])eace  ami  dignity  (jf  Mississipiti. 

Sworn  to  and  subscribed  this    day  of  ,  187... 

J.  P. 


In  Criminal  Cases.  103 

§2710.]          No.  224.— COMPLAINT  IN  MAYHEM. 
State  OF  Mississippi,  County.  }-ss. 

A.  B.,  of  said  county,  being  hy  me,  liio  undersigned  Justice  of 

the  peace  for  said  county,  duly  sworn,  sa3-s  that  on  the  day  of 

,  187...,  in   said  county,  C.    D.,   from   premeditated  design,  {or 

with  intent  to  kill  or  commit  a  felony)  did,  unlawfully  and  felo- 
niously, assault  the  said  A.  B.,and  did,  then  and  there,  bite  off  the 
ear  of  the  saitl  A.  B.  (o?%  fjouge  out  the  eye,  slit  or  bite  off  the  nose 
or  fonyite,  d'c.,)  against  the  jjeace  and  dignity  of  Mississipi>i. 

Sworn  to  and  subscribed  this  day  of  ,  187... 


§  2497.] 

No   ^25.— COMPLAINT  IN  ASSAULT  AND  BATTERY  WITH 

INTENT  TO  KILL. 
State  OF  jMississippi,  County.  J>ss. 

A.  B  ,  of  said  county,  being  by  nie,  the  undersigned  Justice  of  the 

Peace  for  said  county,  duly  sworn,  says  that  on  the day  of....... 

187. ..>  at  said  county,  E.  F.  did,  willfully  and  feloniously  shoot  at 
him,  the  said  A.  B.,  with  a  certain  gun,  then  and  there  loaded  and 
charged  with  powder  and  lead,  with  intent  to  kill  and  murder  him, 
the  said  A.  B. ; 

Or,  to  maim,  ravish,  or  rol)- 

Or,  with  intent  t>  cunnnit  burglary,   larceny,  or  other  felony; 

Against  the  peace  and  dignity  of  the  State  of  Mississippi; 

Oi',  did  wilfully  and  feloniously  attempt  to  discharge  a  certain  gun 
or  pistol  at  the  said  A.  li.,  loaded  and  charged  with  powder  and 
lead,  with  intent,  <fec. ; 

Or,  did  assault  and  beat  the  said  A.  B.  with  a  certain  crow- bar, 
single-tree,  stick,  rail,  &c.,  being  then  and  there  a  deadly  weapon, 
with  intent,  &c.  A.   B. 

Sworn  to  and  subscril)ed,  this  dav  of ,  187.... 

: ,  J.  p. 


§  2483.] 

No.  226.]— ABDUCTION  OF  FEMALE  OVER  FOURTEEN 

YEARS. 
State  of  Mississippi,  County.  }>  ss. 

A.  3.,  of  said  county,  being  by  me,  the  undersigned  Justice  of  the 

Peace  for  said  county,  duly  sworn,  says,  thaton  the day  of , 

187....,  at  said-county,  one  C.  D.  did,  unlawfully,  ngainst  the  will  of 
the  said  A.  B.,  and  by  force  (or,  menace,  fraud,  deceit,  slrateyem,  or 
duress,  take  her,  the  spid  A.  B.,  and  compel  (or  induce)  her  to  marry 
(or,  be  defied  by)  the  said  A.  B.  (or  any  other  ])erso7i  ;)  or,  with 
intent  to  marry,  ttc. ;  against  the  peace  and  dignity  t)f  the  State  of 
JMississippi.  A.   B. 

Swoi'n  to  and  subscrilied,  this  dav  of 187... 

■ ,  J.   P. 


lOi  Justice  Forms 

§  2529.] 

No     227— ABDUCTION    OF    FEMALE    UNDER    FOURTEEN 

YEARS. 

State  of  Mississippi,  County,  ^ss, 

A.  B.,  of  said  county,  being  by  me,  the  undersigned  Justice  of  the 

Peace  for  said  county,  duly  sworn,  says  that  on  the day  of , 

187...,  at  said  county,  G.'H.  did,  maiicioiisly,  willfully,  and  fraudu- 
lently tnke,  lead,  carry  away  {take,  decoy,  and  entice  aivaij)  C.  D.,  a 
female  under  the  age  of  fourteen  years,  from  the  protection  and  charge 

of ,  her  father  (or,  mother,  guardian,  &c.,)    without  his 

consent,  with    intent  to  detain    or  conceal   said  C.  D.  from  the  said 

,  for  the  purpose  of  marrying  the  said  C.    D.  (or,  for 

the  purpose  of  prostitution  or  coucubinage  on  the  body  of  said  C.  D  ,) 
against  the  peace  and  dignity  of  the  iState  of  Mississippi. 


Sworn  to  and  subscribed,  this  day  of ,  187. 


A.  B. 
J.  P. 


§  2530.]             No.  22S.— COMPLAINT  FOR  SEDUCTION. 
Spate  of  Mississippi.  County.  J-ss. 

A.  B.,  of  said  county,  being  by  me.  the  undersigned  Justice  of  the 

Peace  for  said  county,  duly  sworn,  says  that  on  the day  of , 

187...,  C.  D.,  at  said  county,  did  seduce  and  have  illicit  connection 
with  ¥..  ¥.,  a  female  child  under  the  age  of  sixteen  years,  the  said 
E.  F,  being  of  previous  chaste  character,  against  the  statute  in  that 
behalf,  and  the  peace  and  dignity  of  the  State  of  Mississippi. 

A.  B. 

Sworn  to  and  subscribed,  this  day  of ,  187... 

]S[oTE.— In  the  affidavit  No.  228,  foregoinp;.  the  testimony  of  the  female, 
alone,  will  not  convict.  It  must  be  supported  by  other  evidence,  either  posi- 
tive or  circumstantial,  sufficient  to  convict. 


§2657.] 

No.  229.— COMPLAINT  FOR  BUYING  OR  RECEIVING  STO- 
LEN GOODS. 

State  of  Mississippi,  County: 

A.  B.,  of  said    county,  being  by  me,  the   undersigned  Justice  of' 

the  Peace  for  said  county,  duly  sworn,  says  that  on  the  day  of 

,  187...,  at  said  county,  E.  F.  did  buy  of  (or  receive  from)  C. 

D.  a  certain  lot  of  cotton  in  the  seed  (or  anything  else),  he,  the  said 

E.  F.,  knowing  the  same  to  have  been  feloniously  taken  and  carried 
away  from  him,  the  said  A.  B.,  against  the  peace  and  dignity  of  the- 
State  of  Mississippi.  _        ^-  ^^• 

Sworn  to  and  subscribed  this  day  of  ,  187... 

,J  r. 


In  Criminal  Cases.  105 

§  2652.]  ' 

No.  230.— COMPLAINT  FOR  GRAND  LARCENY. 
State  of  jNIississipri,  Countv.  ^  ss. 

A.  B.,  of  said   county,  being  b}'  me,  tlie   undersigned    Justice  of 

the  Ponce  for  the   said   county,  duly  sworn,  says  tiiat  on  the  

da}'  of  ,  187...,  at  said  county,  C.  D.  did  feloniously  take  and 

carry  away  the  personal  property  of  said  A.  B.,  to-wit  (here  describe 
property  stolen),  of  the  value  of  twent3'-five  dollars  (or  more)  against 
the  peace  and  dignity  of  the  State  ot   Mississii)i)i.  A.  B. 

Sworn  to  and  subscribed  this  day  of ,  187.... 

.J.  P. 


§2505.J           No.  231.— COMPLAINT  IN  BIGAMY. 
State  OF  Mississippi,  County,  ^-ss. 

A.  B.,  of  said   county,  being  by  me,  the  undersigned  Justice  o^ 

the  Peace  for  said  county,  duly  svvorn,  says  that  on  the  day  of 

187....,  at   said  county,  E.  R,  being  then  a   married  map  (or 

woman),  whose  wife  (or  husband)  was  then  living,  did  willfully  and 
feloniously  marry  and  take  to  wife  (or  husband)  one  G.  H. ; 

Or,  being  an    unmarried    person,  did    feloniously  .and    knowingly 
marry  the  wife  (or  husband)  of  C.  D.; 

Against  the  peace  and  dignity  of  the  State  of  Mississippi. 

A.  B. 

Sworn  to  and  subscril)e<l  this  dav  o!"  ,  187... 

,  J.  P- 


MISCELLANEOUS  FORMS. 


Note. — The  followins;  forms  Avill  be  useful  to  country  Justices  of  the 
Peace,  who  are  frequently  called  upon  to  write  deeds,  prepare  contracts,  &c. 
Only  such  are  given  as  are  in  common  use  in  this  State,  under  our  laws. 

"No.  232.— BILL  OF  SALE. 

Know  all   men   by  these   presents,  that  I,  A.  B.,  of  the   count}'  of 

,  and  the   State  of  Mississippi,  for  and    in   consideration  of 

the  sum  of dollars  to  me  in  hand  paid  by  C.  D.,  of  the  county 

and  State  aforesaid,  the  receipt  of  wliicli  is  hereb}'  acknowledged, 
have  bargained  and  sold,  and  by  these  presents  do  bargain,  sell, 
grant  and  convey  and  deliver  unto  the  said  C.  D.  (or  E.  F.),  his 
legal  representatives  and  assigns,  one  iron  gni}'  mare  [or,  mig  other 
])ersonal property  tvhatever,  or  (jrou'ing  crop,  describing  it  p<(rticularlij), 
belonging  to  me  and  now  in  my  pos&ession,  to  have  and  to  hold  the 
same  unto  the  said  C.  D.,  his  legal  representatives  and  assigns  forever. 
And  I  do,  for  myself,  my  heirs  and  legal  representatives,  covenant 
an<l  agree  to  and  with  the  said  C.  D.,  his  legal  representatives  and 
assigns,  to  warrant  and  defend  the  sale  of  said  property  hereb}'' 
made  unto  the  said  C.  D.,  his  legal  representatives  and  assigns, 
against  ail  and  every  person  and  persons  whomsoever. 

In  witness  whereof,  I  have  hereunto  set  mv  hand  and  seal,  this 
day  of ,  187...  "         A.  B.    [seal.] 

Note. — The  gist  of  a  sale  of  personal  property  is  the  delivery  of  the  same 
and  if  the  above  is  not  acknowledged  before  a  Justice,  and  recorded,  it  should 
be  signed  in  the  presence  of  witnesses,  who  must  be  able  to  testify  as  to  the 
delivery  of  the  property. 


No.  233— QUIT-CLAIM  DEED. 

Know  all   men   by  these  presents.    That  we,  John   Doe,  of  the 

county  of  ,   and  the  State  of  Mississippi,  and  Mar}-  Doe,  his 

wife,    in   consideration  of  the  sum  of    dollars,  to  us  in  hand, 

paid  by  Richard  Roe,  of  said  county  and  State  (or  elsewhere),  the 
receipt  whereof  is  hereby  acknowledged,  have  bargained  and  sold 
and  quit-claimed,  and  by  these  presents  do  bargain,  sell  and  quit- 
claim unto  the  said  Roe  and  to  his  heirs  and  assigns  forever,  ail  our 
and  each  of  our  right,  title,  interest,  estate,  claim  and  demand,  both 
at  law  and  in  equity,  and  as  well  in  possession  as  in  expectancy,  of, 


Miscellaneous  Forms.  107 

ill  and  ti>,  all  that  certain  piece  of  land,  situate  in  said  county  and 
State  (o?"  el.seiohcre),  and  descrii>ed  as  tlie  southeast  (luarfc"  of  sec- 
tion four  in  township  six  of  range  eight  east,  containing  one  hun- 
dred and  sixty  acres,  more  or  less,  with  all  and  singular  the  hered- 
itaments and  a[)purtenanees  thereunto  belonging,  or  in  an\'vvise  ap- 
pertaining. 

In    witness   whereof,    we   have    hereunto  set  our  hands  and  teals, 

the  day  of 1S7... 

Joiix  I)oi;.    [SICAL.  I 
Makv  Doe,  [  s);ai>.J 


No.  234. -WARRANTY'  D?:ED 

This  indenture,  made  this  day  of ,  187...,  between  A. 

]>.,   of  the   county    of ,  and  the  State  of  Mississippi,  [and  C. 

B.,  his  wlfe\,  parties  of  the  first  part,  and  E.  F.,  of  said  country  and 
State,  party  of  the  second  part,  witnessetii:  That  said  parties  of  the 

first  part,   for  and   in   consideration  of  the  sum  of dollars,  to 

them  in  hand  paid  by  the  said  ivii'ty  of  the  second  part,  at  or  before 
the  sealing  and  delivery  of  these  presents,  the  receipt  of  which  is 
hereby  acknowledged,  have  granted,  bargained  and  sold,  and  by 
these  presents  ilo  grant,  bargain,  sell  and  convey,  unto  the  said 
party  of  the  second  part,  and  to  his  heirs  and  assigns  forever,  all 
that  certain  piece  of  land,  lying  and  being  in  said  count}^  and  State, 
and  described  as  the  soutiieast  quarter  of  the  northeast  quarter,  and 
the  east  half  of  the  southeast  quarter,  of  section  tvventy-five.  in 
township  ten,  of  range  nine,  east,  containing  one  hunlred  and 
twenty  acres,  more  or  less,  to  have  and  to  hold  the  same,  together 
with  all  and  singular  the  tenements,  hereilitaments  and  ap|)urtc- 
nances  thereunto  belonging,  or  in  any  wise  appertaining,  unto  the 
said  party  of  the  second  part,  his  heirs  and  assigns  forever.  And 
the  said  A.  B.  and  C.  B  ,  for  themselves  and  their  heirs  and  legal 
representatives,  the  said  premises  in  the  quiet  and  peaceable  pos- 
session of  the  said  E.  F.,  his  heirs  and  assigns,  against  the  said 
parties  of  the  lirst  part,  their  heirs  and  legal  rei)reseutatives,  and 
against  all  and  every  person  whorasoevtn-,  lawfully  claiming  or 
to  claim  tlie  same,  shall  and  will  warrant,  and  by  these  presents 
forever  defend. 

In  witness  whereof,  the  parties  of  the  first  part  have  hereunto  set 
their  har.ds  and  seals,  the  day  and  3'ear  first  above  written. 

A.  B.  (seal.) 
C.  B.  (seal.) 


No.  235.— WARRANTY  DEED,  WITH  VENDORS'  LElN. 

This  indenture,  made  this  day  ot  ,  187...,  betwcn  A. 

B.   and   C.    B.,   his   wife,   of  the  county  cd" and  the  State  of 

Mississippi,   })arties   of  the  first  part,  and  E.  F..  of  said  county  and 
State,  party  of  the  second  part,  witnesseth:  That  s:iid  parlies  (tf  the 


108  p  Miscellaneous  Forms. 

first  part,  for  and  in  consideration  of  the  sum  of  dollars,   i)aid 

and  to    be   paid,    as  follows:  that  is  to  say,  dollars  to  them  in 

hand,   paid  at  or  before  the  sealing  and  deliveiy  of  these  presents. 

the   receipt  of  which   is  hereb}^  acknowledged;   dollars  to  be 

due  and  |)ayable  on  or  before  the  day  of ,  of  187...,  and 

evidenced  by  tiie  promissory  note  of  said  party  of  the  second  part. 

dated   this    day  of   ,    187...,   payable   to   said  party  (or 

parties)  of  the  lirst  i)art,  or  order,  on  the  date  aforesaid,  for  the  said 

sum  of dollars,  with  interest  from  maturity  (or  date),  at  ...  per 

cent  per  annum;  and  dollars  to  be  due  and  payable  on  or  be- 
fore the  day  of  ,  187...,  and  evidenced  by  the  promis- 
sory note  of  the  said  party  of  the  first  part,  dated  this  day  of 

....' 187..,,  payable  to  the  said  party  (or  'parties)  of  the  second 

})art,  or  order,  on  or  before  the  day  of 187...,    for  said 

sum  of dollars,  with  interest  fn^n  maturity  (or  date),  at  ...  per 

cent,  per  annum;  to  secure  the  payment  of  wiiich  said  promissory 
notes  at  the  several  dates  thereof,  a  lein  is  hereby  reserved  upon  all 
and  singular  the  land  and  real  estate  hereinafter  granted  and  sold 
in  favor  of  said  party  (or parties)  of  the  first  part,  their  assigns  and 
legal  representatives.  Now  in  consideration  of  the  premises,  and 
the  i)ayment  of  said  df)llars  in  cash,  and  the  execution  and  de- 
livery of  the  two  said  notes  to  the  said  party  (o?- ^jari^e.s)  of  the 
first  part,  they  have  granted,  bargained  and  sold  and  conveyed,  and 
by  these  presents,  do  grant,  bargain,  sell  and  convey,  unto  the  said 
party  of  the  second  part,  the  following  described  land,  lyins:  and 
being  in  said  county,  to-wit:  (here  set  out  the  description  in  lull),  to 
have  and  to  hold  the  same,  together  with  the  appurtenances  thereto 
belonging  or  in  anywise  appertaining,  unto  said  party  of  the  second 
part,  "and  unto  his  heirs,  assigns  and  legal  representatives,  in  fee 
simple,  forever.  And  the  said  party  (o;- jjr/r^/es)  of  the  first  part, 
for  themselves,  their  heirs  and  legal  representatives,  do  hereby  cov- 
enant and  agree  unto  the  said  party  of  the  second  part  and  with 
his  heirs  and  assigns,  that  they  will,  and  their  heirs  and  legal  repre- 
sentatives shall, "warrant  and  forever  defend  the  title  of  said  land 
against  the  lawful  claims  and  demands  of  all  ])ersons  whomsoever. 

In   witness   whereof,  the   said  parties  of  the  first  part  have  here- 
unto srt  their  hands  and  seals,  the  day  and  year  first  above  written. 


[seal.] 
[seal. J 


No.   238.— DEED  OF  TRUST  TO  SECURE  NOTP:. 

This  indenture,  made  tiiis  day  of  ,   18...,  between 

A.  B.,  of county,  of  the  first  part,  C.  D.  of  county, 

of  the  seco;;d  part  andE.  F.,  ((f  county,  of  the  third  part, 

and  all  of  the  State  of  Mississii)pi,  Witnesseth  :  That,  whereas,  A.  B. 
is  justly  indebted  to  C.  D.  in  the  sum  of  five  hundred  dollars  as 
evidenced    by   his   certain   promissory   note  of  even   date   herewith 


Miscellaneous  Forms.  109 

(()?•  of  date  prci'iotis)  duo  iitul  payable  to  tlio  said  C.   I).,  or  order, 

on  or  before  llie  ...- day  of  ,   18...  willi  interest   from 

date  (or  VHilurify)  at  llie  rate  of  ten  per  cent,  per  annum;  and, 
whereas,  tlie  said  A.  B.,  party  of  the  first  part,  is  desirous  of 
secnriiiti;  the  prompt  payment  of  the  money  in  said  note  menti'incd, 
witli  mH  interest  and  eiiariies  at  the  nii'.tuiity  of  the  s.-inio.  does 
hereby  "rant,  bargain,  sell  and  convey,  for  and  in  consitlcration  of 
the  premises  aloiesaid.  and  the  further  sum  of  one  ch)llar  to  iiiin  in 
hand  paid  liy  the  said  K.  F.,  (hcrebij  ap^yointcd  and  cortstiliited  trustee 
in  this  behalf ,)  [)arty  ol  the  third  part,  the  receipt  ot  whicii  is  hereby 
acknowlediicd,  unto  the  said  E.  F. ,  trustee,  all  that  certain  ])iece  of 
land  lying  and  being  in  said  county,  and  descriljcd  as  follows: 

(Let  the  description  he  very   accurate.    If  hij  hnul  numbers,  it  -/.s 

suflioicnt;  jwi  down  section,  township  and  range.)  Containing 

acres,  more  or  less,  to  have  and  to  hold  the  same  with  all,  and  sin- 
gular, the  appurtenances  thereunto  belonging  or  in  anywise  apper- 
taining unto  the  said  K.  F.,  party  of  the  third  part,  and  unto  his 
legal  representatives  and  assigns,  in  fee  sim|)le,  forever;  In  trust, 
iiovvever,  and  for  the  following  purposes,  and  none  otlier:  It  is 
agreed  that  the  said  premises  shall  remain  in  the  undisturbed  pos- 
session of  the  said  A.  B.,  party  of  the  first  part,  until  the  maturity 
of  saitl  note,  and  that  ujjon  the  full  payment  of  the  same,  and  ail 
interests  and  charges  by  said  A.  B.,  or  others  for  him,  this  deed 
-sliall  be  void  and  of  none  effect  and  so  noted  by  said  trustee  on  the 
public  records;  but  should  the  said  A.  B.,  party  of  the  first  part, 
or  other  for  him,  make  default  and  fail  to  pay  said  money,  with  all 
interest  thereon,  ami  charges  for  the  execution  of  these  presents, 
according  to  the  tenor  and  effect  of  said  promissory  note,  at  the 
maturity  thereof,  then  the  said  trustee,  party  of  the  third  part,  is 
hereby  authorized,  and  it  shall  be  his  duty,  without  lurtLier  notice  to 
the  said  A.  li.,  to  advertise  said  land  for  sale,  by  giving  thirty  days' 
notice  of  the  time,  place  and  terms  of  sale,  with  a  descrii^tion  of 
the  i)remises  and  on  what  account  sold,  by  posting  in  three  or  more 
public  places  in  said  county,  written  notices  thereof;  (or,  b}'  pub- 
lishing the  same  in  such  newspaper  as  may  be  agreed  upon,)  and  at 
the  time  and  place  api)ointed  shall  proceed  to  sell  the  same  at  public 
outcry,  for  cash,  to  the  highest  bidder.  From  the  proceeds  of  such 
sale  said  trustee  shall,  at  once,  pay  and  satisfy  said  promissory 
note,  with  all  interest  thereon,  and  the  cost  and  charges  of  execu- 
ting this  trust,  making  and  executing  full  warrantee  deeds  to  the 
purchaser,  or  purchasers,  ot  said  land;  and  should  there  remain  any 
balance  in  the  hands  of  said  trustee,  he  shall,  at  orice,  pay  all  such 
money  over  to  said  A.  B.,  or  to  his  legal  representatiyes.  Should 
the  said  E.  F.,  trustee,  from  any  cause,  be  unable  to  act  in  the 
premises,  the  said  C.  D.,  i)arty  of  the  second  part,  is  herebv  author- 
ized to  ap[)oint  a  trustee  in  his  place. 

In  witness  whereof.  The  said  party  of  the  first  part  has  hereunto 
set  his  hand  and  seal  the  da\'  and  j^ear  first  above  written. 

A.  B.  [seal.] 


110  Miscellaneous  Forins. 

^o.    237.— DEED  TRUST  ON  GROWING  CROP  TO  SECURE 

ADVANCES, 

]S[oTE.— In  the  following,  land  and  personal  property  may  be  included,  but 
the  form  is  prepared  under  Sec.  4  of  the  Agricultural  Lien  law  of  1873.  The 
parts  in  brackets,  insert  or  leave  out,  to  suit  the  case. 

This  indenture,  made  this  day  of  ,  187...,  between  A. 

B.,  of  count.y,  of  the  first  part,  C.  D.,  of  county,  of 

the  second  part,  and"  E.  F.,  of county,  of  the  third  part,  all 

of  the  State  of  INIississippi,  witnesseth:  that  whereas,  the  said  A.  B. 

[is  justly   indebted   to   the  said  C  D.  in  the  sum  of  dollars, 

evidenced,  etc.  (as  in  Form  No.  23())J;  and  wlicreas  the  said  A.  B. 
expects  the  said  C  D.  to    make   advances   to  him  of  money,  family 

and  plantation  supplies  \and  merchuvdise]  during  the  year  18 for 

the  purpose  of  assisting  him  to  cultivate  and  make  a  crop  in  said 
county  during  said  year;  Now,  therefore,  to  secure  all  said  advances 
{and  'the  indehtedness  aforesaid),  as  well  as  ten  per  cent,  upon  the 
amounts  thereof  upon  settlement,  the  said  A.  B.,  party  of  the  first 
part,  for  and  in  consideration  of  the  premises,  as  for  the  furtlier 
consideration  of  one  dollar  to  him  in  hand  paid  by  said  E.  F., 
hereby  appointed  and  constituted  trustee  in  this  behalf,  party  of  the 
third  part,  the  receipt  of  which  is  hereby  acknowledged,  does  hereby 
grant,  bargain  and  sell  unto  the  said  E.  F.,  trustee,  the  following 
proi)erty,  to-wit: 

{Insert  any  i^ersonal  propertij  or  real  estate,  if  ainj  he  cjranted, 
with  full  descrirtion.)  All  the  crops  of  cotton,  corn,  peas  and 
potatoes  to  be  cultivated  and  raised  by  the  said  A.  B.,  or  others  for 
him  {or  his  share  thereof),  during  said  year  in  said  county,  to  have 
and  to  hold  the  same  to  him,  the  said  E.  F.,  and  to  his  legal  repre- 
sentatives and  assigns  forever: 

In  trust,  nevertheless,  for  the  following  purposes,  and  none  other: 
if  the  said  A.  B.,  party  of  the  first  part,  or  others  for  him,  shall 
fully  pay  and  satisfy  (the  said  indehtedness)  what  may  be  justly  due 
to  said  C.  D.  for  tiie  advances  aforesaid,  as  well  as  the  ten  per  cent, 
upon  said  amounts,  and  all  costs  incurred  in  this  behall,  on  or 
before  the  15th  day  of  November,  18...,  then  this  deed  to  be  void 
and  of  none  effect;  but  if  default  is  made  in  said  payments,  or  any  of 
them,  the  said  E.  F.,  trustee,  shall  at  once,  without  further  notice 
to  said  A.  B.,  take  all  said  property  into  his  possession,  and  after 
giving  ten  days'  notice  of  the  time,  place  and  property  to  be  sold, 
by  wHtten  notices  posted  in  three  or  more  public  places  in  said 
county,  shall  sell  said  pro])erty,  or  a  sufHcient  portion  thereof,  to 
m,.ke'said  payments,  for  cash,  at  public  outcry,  to  the  highest  bid- 
der, at  the  time  and  place  appointed.  If  any  balance  shall  remain 
after  making  said  payments,  the  said  trustee  is  hereby  required  to 
deliver  the  same  to  said  A.  B.,  or  to  his  legal  representatives. 
Should  the  said  E.  F.,  from  any  cause,  be  unable  to  execute  this 
trust,  then  the  said  C  D.  is  authorized  to  appoint  a  trustee.  And 
if,  at  any  time,  the  said  trustee  i^hould  have  good  reason  to  believe 
that  said  property,  or  any  part  thereof,  is  endangered  as  a  security 


Miscellaneous  Forms.  Ill 

in  this  behalf,  he  shall,  and  is  liereby  authoi-izcd,  to  seize!  the  same 
wherever  Ibiind,  and  hold  till  said  i)ayiiients  are  made;,  or  until  said 
property  shall  be  sold  by  virtue  hereof;  but  until  demanded  b}'  the 
trustee,  said  |)roperty  can  remain  in  possession  of  said  A.  B. 

In  witness  whereof,  the   said   i)arty   of  the  first  pait  has  hereunto 
set  his  hand  and  seal  the  ye:ir  and  da}'  first  above  written. 

A.  B.  [seal.] 


No.  238.— DEED  OF  TRUST  FOR  ADVANCES. 

Note. — The   publishers  insert  the  following  form,  blanks  of  the  same 
being  kept  by  them  in  stock,  and  being  extensively  used  by  merchants: 

This  deed  of  trust,  made  this  day  ol    ,  A.  D.    1S7..., 

Witnesseth:  That,  whereas,  ,    part...   of  the  first    part    

indebted  to  in  the   sum  of    dollars,   on    and 

whereas,  said  part...  of  the  first  part  expect  said  to  advance 

money,  supplies  and  merchandise  during  the  year  187...; 

and,  whereas,  said  part...  of  the  first  part...  agreed  ♦^.o  secure  the  pay- 
ment of  said  sura,  as,  also,  any  further  amounts  that  may  be 
advanced  as  aforesaid  and  not  mentioned  herein.  That  tlie  part... 
of  the  first  part,   in  consideration  of  the  premises,   as  well  as  for 

ten  dollars  to  ,  paid    by   ,   trustee,  do.,  hereby    bargain, 

sell  and  convey  to  said  trustee  the  i)roperty,  being  in   ......  county, 

JNIississippi,  and  described  as  follows:  (here  describe  property.) 
The  title  to  which  unto  said  trustee  or  any  successor,  warrant... 
and  agree...  foreverto  defend:  in  trust,  however,  that  if  said  part... 

of  the  first  part  shall,  on  or  before  the day  of ,  187...,  pay 

what  may  be  due  said  ,  as  aforesaid,  and  all  costs  incurred 

on  account  of  this  deed,  then  tnis  deed  to  be  void;  but  if  default 
is  made  in  said  payments,  the  trustee  shall  take  possession  of  said 
property  and  having  given  ....  days'  notice  of  the  time,  place  and 

terms  of  sale,  by ,sell  said  property  or  a  sufficiency  thereof, 

to  make  said  payments,  for  cash,  at  public  auction,  at  ......     And 

said ,  or  his  legal  representative,  can,  at  any  time  ....  ma\' 

desire,  apjioint  a  trustee  in  the  place  of  .....  .,  or  any  siicceedino- 

trustee.     And  should  the  trustee  at  any  time  believe  said  propertv, 
or  any  i)art  thereof  endangered  as  a  security  for  said  payments,  he 
shall  take  the  same  into  his  possession  and  hold  till  said  pavments 
arc   made,    or  till   said   property    is    sold   as    aforesaid;    but    until 
demanded  by  the  trustee  for  either  of  the  purposes  as  aforesaid, 
said  part,  .  of  first  part  can  hold  the  same.     It  is  further  distincth^ 
understood  and  agreed  between  the  parties  aforesaid,  that  this  deed 
is  made  and  intended  to  secure  an}'  advances  on  account  of  the  crop 
of  187.  .,  made  after  the  ....  day  of  . .  .  .,  187.  .,  and  not  mentioned 

herein. 

In  testimony  whereof,  said  ..,-.  .   ha.,    hereto   set    ....    hand., 
and  seal.  .,  on  the  date  above  written. 

,   [l.  s.] 

,   [L.S.J 


112  Miscellaneous  Forms. 

No.  239.— DEED  OF  TRUST  FOR  KENT. 

Whereas, ha.  .  ■•entcd  l"rf)in ,  for  tlie  year  187.  ., 

acres  of  land,  beiiif?  part  of plantation,  situated  in  the 

county  of ,  Mississippi,  and  for  which  ..  .  agree  to  pay  rent 

as  follows  :     {Ilcre  state  the  tenm/nUi/.]      liave  also  agreed  to 

cultivate  said  land  in  a  proper  uianner,  and  to  keep  the  fences  bor- 
bering  on  the  same  in  fit  condition  to  turn  stock  ; 

And being  desirous  to  secure  the  i)rompt  payment  of  said 

rant,  as  aforesaid,  when  the  same  is  due,  agree  and  covenant 

that  all  the  crops  of  corn,  cotton,  and  other  products  raised  on  said 
land  in  the  year  187 . . ;  and  also  the  following  other  personal  property, 
to-wit:     [  Describe  •property.']  be,  and  the  same  is  hereby  mortgaged, 

and  pledged,  and  subjected  to  a  lien  in  favor  of  said .  .,  for 

the  payment  of  said  rent,  and  the  faithful  performance  of  this  con- 
tract. 

And  ....  bind to  cultivate,  gather,  and  put  into   market- 
able condition,  as  soon  as  practicable,  enough  of  the  crop  of  cotton, 

and  to  deliver  the  cotton  as  fast  as  baled,  to  the  said , 

to  be  sold  by , ,  at ,  the  net  proceeds 

lo  be  applied  by to  the  full  payment  of indebted- 
ness to 

Now,  if should  in  all  things  comply  with  these  obliga- 
tions aforesaid,  then  this  deed  to  be  void;  but  if fail  to 

comply  with  the  conditions  theieof,  then  it  is  agreed  that 

acting  as  trustee  and  agent  of  both  contracting  parties  herein,  is 
authorized  and  empowered  to  seize  all  the  property  above  enumer- 
ated, and  to  sell  the  same  by  public  or  private,  sale,  at ,  after 

giving days  notice  in  three  public  places  in  said  county,  and 

to  i)ay  the  amount  due  on  this  contrnct,  and  any  ba'anco  left  after 
satisfying  the  debt,  to  be'paid  over  to 

And  the  said ,  trustee,  is  further  empowered  to  emplo}^ 

labor  to  pick  the  cotton  in  case fail  to  do  so  at  the  proper 

time,  charging  us  for  the  same.     [Insert  any  other  conditions.'] 

Given  under hand...   and  seal..  ,  this day  of , 

187 


„   [L.  s.] 

.,    [L.  S.J 

.,  [l.s.] 


No.   240.— DEED    OF    TRUST   FOR    RS:NT    AND  SUPPLIES. 

"Whereas, has  rented  from ,  for  the  year  187  .  ., 

acres  of  land,  being  part  of    plantation,  situated 

in  the  countv  of  ,  ^Mississippi,  and  for  which  .  .  agree  to  pay 

rent  as  follows:  (here  state  the  terms  fully);  have  also  agreed  to 
cultivate  said  land  in  a  proper  manner,  and  to  keep  the  fences  bor- 
dering on  the  same  in  lit  condition  to  turn  stock:    

And  whereas,  ..  desires  to  procure,  during  the  year  187,  from 
said  ,  advances  in  money,  supplies,  etc.,  tor  the  purpose  of   cul- 


Miscellaneous  Forms.  H*^ 

tivatiug  said    luiid,   to    tlie   amount  of  And  ....  buing 

desirous  to  secure  the  prompt  pa3'ment  of  said  rout  and  advances, 
as  aforesaid,  wlien  the  same  is  due,  ....  agree  and  covenant  that  ad 
the  cro[)s  of  corn,  cotton  and  other  products  raised  on  said  land  in 
the  year  187..,  and  also  the  following  other  personal  property,  to-wit: 
(here  descrtbe  particuUn-li/  the  personal  j^roperfy),  be,  and  the  same 
is  hereby  mortgaged  and  pledged,  and  subjected  to  a  lien  in  favor  of 

said   ....' ,  for  the  payment  of  said   rent  and  advances,  and  the 

faithful  performance  of  this  contract. 

And  ....  bind    to  cultivate,  gather  and  put  into  marketable 

condition,  as  soon  as  practicable,  enough  of  the  crop  of  cotton,  and 
to  deliver  the  cotton  as  fasr.  as  baled  to  the  said      .  .    ,  to  be  sold  bv 

....     at     .  .  . ,  the  net  proceeds  to  be  applied  by to  tiie  full 

payment  of  ....  indebtedness  to . 

iSfow,  if   ...    should   in  all  things  comply  with  these  obligations 

aforesaid,  then  this  deed  to  be  void;  but  if fail  to  comply  with 

the  conditions  thereof,  then  it  is  agreed  that  .  .  .  .,  acting  as  trus- 
tee and  agent  of  both  contracting  parties  herein,  is  authorized  and 
empowered  to  seize  all  the  property   above  enumerated,  and  to  sell 

the  same  by  public  or  private  sale,  at ,  after  giving  .  .  days' 

notice  in  three  public  places  in  said  county,  and  to  i)ay  the  amount 
due  on  this  contract,  and  any  balance  left,  after  satislying  the  debt, 

to  be   paid  over  to And  the  said ,  trustee,  is 

further  empowered  to  employ  labor  to  pick  the  cotton  in  case 

fail  to  do  so  at  the  proper  time,  charging  us  for  the  same.  (Insert 
any  other  conditions. ) 

Given  under  our  hands  and  seals,  this    ....  day  of ,  187.. 

[seal.] 

[SEAL.J 

[seal.] 


No.  241.— BOND  FOR  TITLE  TO  REALTY. 

Know  all  men  by  these  Presents: 

That  we,  ,  as  principal,  and , 

as  his  surety,  are  held  and  firmly  bound  to    ,  in  the 

penalty   of  .' dollars,    for  which  payment  well  and  truly  to 

be  made,  we  bind  ourselves,  our  heirs,  executors,  and  administrators, 
jointly  and   severalh%   firmly  by  these   presents;  signed  with  our 

names  and  sealed  with  our  seals,  this  day  of A.  D.  IS... 

The  condition  of  this  bond  is  such,  that,  whereas,  said 

has  bargained   and  sold  to  said  certain  tracts  of 

Land,  {here  describe  tliem),  at  and  for  the  sum  of  five  thousand  dol- 
lars, payable  on  the  day  of 18....     Now  if  the  said  sum 

shall  be  duly  paid,  and  if  thereupon  said  ,   shall,  by 

deed,  alien  and  convey  to    the  land  above  described, 

with  general  warranty,  then  this  obligation  to  be  void,  otherwise  to 

remain  in  full  force  and  virtue.  ,  [seal.] 

,  [seal.] 

,  [seal.] 

8 


lU  Mis cellajieous  Forms. 

No.  242.— DEED  OF  GIFT. 

State  of  Mississii'pi,  Codnty: 

Know  all  men  by  these  Presents: 

That  I ,  for  and  in  consideration  of  the  natural  love 

and  affection  which    I   have   and  do  bear  toward  niy  beloved  son, 

,  have  this  day  given  and  granted,  and  delivered,  and 

by  these  presents  doth  give,  grant  and  deliver  unto  my  said  son, 

the   following  property,    to-wit:    (here    describe    the 

property.) 

To  have  and  to  hold  the  same  unto  my  said  son,  and  to  his  heirs 
and  assigns  forever. 

In  testimony  whereof,  I,  the  said  ,  have  hereunto  set 

my  hand  and  seal,  this  the  day  of ,  A.  D.  18.... 

. ,  [seal.] 


No.    243.— DEED  WITH  FULL  COVENANTS., 

Know  all  men  by  these  presents,  that  we,  John  Jones,  and  Sarah, 
his  wife,  of  the  town  of  Greensboro',  in  the  county  of  Choctaw,  for 
and  in  consideration  of  the  sum  of  two  hundred  dollars,  to  us  in 
hand  now  here  paid,  have  granted,  bargained,  sold,  and  by  these 
presents  do  grant,  bargain,  sell  and  convey  unto  James  Brown,  of 
the  same  place,  all  that  certain  parcel  of  land  situated  in  the  said 
town  of  Greensboro',  and  descril3ed  as  follows: 

Or,  which  in  a  deed  of  conveyance  made  by  Samuel  Baker  to  the 
said  John  Jones,  dated  the  4th  day  of  February,  ISGO,  was  described 
as  follows  (Jiere  insert  boundaries): 

With  all  the  appurtenances,  and  all  the  right,  title,  interest, 
claim  and  demand  of  us,  or  either  of  us  in  the  premises;  to  have 
and  to  hold  the  same,  with  all  the  appurtenances,  unto  the  said 
James  Brown  and  his  heirs,  in  fee  simple  forever.  And  we,  the 
said  John  Jones  and  Sarah,  his  wife,  for  ourselves  and  our  heirs 
do  hereby  covenant  and  agree  to  and  with  the  said  James  Brown, 
and  his  heirs  and  assigns,  that  we  are  now  the  owners  of  the  said 
premises,  and  are  seized  of  a  good  and  indefeasible  estate  of  inher- 
itance therein,  and  that  we  have  full  right  and  power  to  sell  and 
convey  the  same  in  fee  simple  absolute;  that  the  said  premises  are 
free  and  clear  of  all  incumbrances;  that  the  said  James  Brown,  his 
heirs  and  assigns,  may  forever  hereafter  have,  hold,  possess  and 
enjoy  the  same,  without  any  suit,  molestation  or  interruption,  by 
any  person  whatever,  lawfully  claiming  any  right  therein;  and  that 
we,  the  said  John  Jones  and  wife,  and  all  persons  hereafter  claiming 
under  us,  will,  at  any  time  hereafter,  at  the  request  and  expense  of 
the  said  James  Brown,  his  heirs  and  assigns,  make  all  such  further 
assurances  for  the  more  effectually  conveying  of  the  said  premises, 
with  the  appurtenances,  as  may  be  reasonably  required  by  him 
or  them;  and  that  we,  the  said  John  Jones  and  wife,  and  our  heirs, 
will  Avarrant  and  defend  the  said  premises,  with  the  appurtenances, 
unto  the  said  James  Brown,  his  heirs  and  assigns  forever. 


Miscellaneous  Forms.  11^ 

In  testimony  whereof,  we  have  hereunto  set  our  liands  and  seals, 
this  23a  da}-  of  September,  A.  D.  186S. 

'  John  Jones,     [seal.] 

Sakaii  Jones,  [seal.] 


No.  214.— ADMINISTRATOR'S  DEED. 

This  deed  of  conveyance,  made  and  entered  into  tliis   day  of 

,  A.  D.,  18...,  between   ,  administrator  of  all  and 

singular  the  goods,  chattels  and  credits  which  were  of  , 

deceased,  late  of  county  of  ,  in   the  State   of  Mississippi,  of 

the  one  part,  and  ,  of  the  same  county  and  State,  of  the 

other  part,  witnesseth;  that,  whereas,  at  a  term  of  the  chancery  court 
of  said   county,  begun  and  held  at  the  court  house  thereof,  on  the 

Monday  in  18...,  it   was  among  other  things,  ordered 

and  decreed  that  the  said  party  of  the  first  part  shoukl  sell,  on  a 
credit  of  twelve  months  from  the   day  of  '^ale,  all  that  certain   tract 

of  land  situate,  lying  and  being  in  said  county  of ,  containing 

about  acres  of  land,  more  or  less,  and  described  as  follows,  to- 

wit  {here  describe  land).  And,  whereas,  in  pursuance  of  said  decre- 
tal or  order  of  the  court  aforesaid,  the  said  party  of  the  lirst  part, 
as   administrator  aforesaid,  did   regularly  give  notice  of  the  time 

and  place  of  sale  in  a  newspaper  published  in  the  town  of  , 

in  said  county  and  State,  called  the  ,  four  weeks  succes- 
sively, commencing  on  the day  of  ,  18...,  and  ending  on 

the  day  of  ,  IS...,  and  by  posting  copies  of  such  notice 

on  the  "day  of  ,  18.  .,  at  the  following  public  places  in 

said  county,  viz:  one  copy  thereof  on  the  door  of  the  court  house; 

one  copy  on  the  door  of  the  post  oMice  at  ,  all  in  said  county; 

and  in  accordance  with  said  notice,  the  said  party  of  the  first  part 
did,  on  the  day  and  year  first  in   these  presents  written,  at  the  late 

residence  of  said  ,  deceased,  between  the  hours  of  12  o'clock 

M.  and  5  o'clock  p.  m.,  otter  the  said  tract  of  land,  with  appurtenan- 
ces, for  sale,  to  the  highest   bidder;  and  the  said  then  and 

there  bid  for  the  same  Uie   sum  of  dollars,  which  being  the 

highest  and  best  bid  therefor,  the  said  premises,  with  the  appurte- 
nances, were  struck  off  to  him. 

Now  this  deed  witnesseth:  that  in  consideration  of  the  premises, 

and  that  the  said  hath  executed  and  delivered  his  bond,  with 

as  his  joint  security,  for   the  payment  of  the  said  sura 

ol   dollars,  twelve  months   after  the  date  of  these  presents, 

which,  by  law,  operates  as  a  special  mortgage  or  lien  on  said  tract 
of  land  and  appurtenances,  the  said  party  of  the  first  part  has  this 
day  bargained,  sold,  aliened,  conveyed  and  confirmed,  and  by  these 
presents  does  bargain,  sell,  alien,  convey  and  confirm  unto  the  said 

,  his  heirs  and  assigns  forever,  all  the  above  described  tract 

of  land,  with  all  the  tenements,  hereditaments,  privileges  and  ap- 
purtenances thereunto  belonging  or  in  anywise  appertaining,  and  all 
the  estate,  right,  title,  interest  ^md   claim   whatsoever,  at   law  or  in 


116  Miscellaneous  Fottus. 

equity,   of  him,  the   said   ,  deceased,  his   lieirs,  executors  or- 

administrators  of,  in  and  to  the  same. 

To  have  and  to  hold  the  above  gi'ftnted,  bargained   and  described 

premises  unto  him,  the  said  ,  his  heirs  and  assigns,  to  his  and 

their  only  proper  use,  benefit  and  behoof,  forever,  as  fully  and  effec- 
tually, to  all  intents  and  purposes  in  the  law,  as  he,  the  said  party 
of  the  first  part,  might,  could  or  ought  to  sell  and  convey  the  same  by 
virtue  of  the  decretal  order  of  the  court  aforesaid. 

In  witness  whereof,  the  said  party  of  the  first  part  hath  hereunto 
set  his  hand  and  seal  the  day  and  3'ear  first  in  these  presents  above 

written.  ,   [seal.] 

Administrator. 

Signed,  sealed  and  delivered') 
in   presence  of  [ 


No.  245.— TAX  COLLECTOR'S  DEED. 

I,  ,  Tax  Collector  of county,  have  this  day,. 

according  to  law,  sold  the  following  lands,  there  being  no  other 
propertyfound  on  which  to  levy  and  make  the  taxes  due  on  said 
land,  to  wit:  There  describe  the  land],   for  the  taxes  assessed  to  the 

reputed  owner  thereof,   for  the  year   18...,   when  became 

the  best  bidder,  at  the  sum  of dollars.     I,   therefore,   sell   and 

convey  said  land  to  the  said  ,  his  heirs  and  assigns,  forever- 
Given  under  ray  hand  and  seal,  the  day  of ,  A.  D.  18.... 

,  Tax  Collector. 


Bill  of  Costs.— State  tax ;  county  tax ;  special  tax......; 

printer's  fees  ;  chancery  clerk's  ;  damages  ;  commis- 
sions   ;  making  deed  ;  total  


State  of  Mississippi,  County: 

Personally  appeared  before  me ,   Clerk  of  the   Chancery 

Court  of  said  county,  ,  Sheriff  and    Tax  Collector  of  said 

county,  who  acknowledged  that,  as  said  Tax  Collector  of  said  count.y, 
he  signed,  sealed,  and  d'elivered  the  foregoing  deed,  on  the  day  and 
year  "therein  mentioned,  as  his  oflflcial  act  and  deed. 

Given  under  my  hand  and  seal  of  office,  at  ,  this  day 

of  ,  A.  D.  187... 

,  Clerk,  [seal.] 


State  of  Mississippi,  County: 

I ,  Cl'erk  of  the  Chancery  Court  of  said  county,  do  hereby 

certify  that  the  within  deed  was  filed  in  my  office,  to  be  recorded  ia. 


Miscellaneous  Forms.  H'i' 

"Tax  Collector's  cIccmI  hook ,  pa^i^e ,   of  tlic  records  of  deeds. 

Given  under  mv  liand  and  seal  of  olllce,  at  ,  this da}' 

of ,  A.  D.  187... 

,  Clerk,  [sEAL.j 


No.  246.— SHERIFF'S  DEED. 

This  indenture,  made  and  entered  into  this  ,  day  of  ,  in 

the  year  of  our  Lord  one  thousand  eighteen  hundred  and  seventy..., 

betvvcen   ,  Sheriff  of  county,   Mississippi,   of  the  one 

part,   and  ,  of  the  other    pnrt  ;    Witnesseth,  That,    whereas, 

writ...  lately  issued   from  the  Circuit  Court  of  county, 

Mississippi,  directed  to  the  Sheriff"  of  county,  in  said  State, 

at  the  suit  of ,  against  the  goods  and  chattels,  lands  and  tene- 
ments of   ,  which  said .\...  levied  on   the  following  lands, 

to-wit:  [here  describe  lands],  with  the  appurtenances,  as  the  lands 

and  tenements  of  the  above  named   defendant,  ,  and  the  said 

Sheriff"  havir.g  given...  days  previous  notice  that  the  above  described 

will  be  sold  at  public  auction,  by  virtue  of  said  writ  of on 

the  ...  day  of  ,  18...,  between  the  hours  of  eleven  o'clock,  a.  m. 

and  four  o'clock,  p.  m.,  of  said  day,  at  the ,  in  said  county,  did, 

at  the  same  time  and  place,  offer  said  premises  for    sale,  at  public 

auction,  and  the  said   ,  party  of  the  second  part,  then  and  there 

appeared,  and  bid  for  the  premises  the  sum  of dollars,  wdiich  said 

sum  was  more  than  any  other  person  offered  or  bid  for  the  same  ; 

whereupon,  the  said  ......  were  struck  off  to  the  said  ,    ..  being 

the  highest  and  besit  bidder  therefor. 

Now,  this  indenture  witnesseth,  That  the  said  ,  Sheriff  afore- 
said, for  and  in  consideration  of  the  premises,  and  of  the  sum  of 

dollars,  to  him,   the  said  Sheriff",  in  hand  well  and  truly  paid  by  the 

said ,  at  and  before  the  sealing  and  delivery  hereof,  tJie  receipt 

whereof  is  hereby  acknowledged,  hath  this  day  bargaiued,  sold, 
alienated,  and  conveyed,  and  by  these  presents  doth  grants  bargain, 
sell,  alien,  and  convey  unto  the  said  ,  heirs  and  assigns,  for- 
ever, all  and  singular,  the  above  described  premises,  hereditaments, 
privileges,  and  appurtenances  thereunto  belonging,  or  in  any  way 
appertaining  ;  to  have  and  to  hold  the  said  premises  of  the  above 
named  defendant,  and  all  the  right,  interest,  title,  or  claim,  both  in 

law  and  in  equity,  of ,  the  said ,  with  all  the  privileges 

and  appurtenances,    in  or  to  the  same,   unto  the   said  ,  heirs 

and  assigns,  forever. 

In  testimony  whereof,   the  said   ,  Sheriff  as  aforesaid,  hath 

hereunto  set  his  hand  and  seal,  the  day  and  year  above  written. 

'..,  Sheriffof county,  Miss. 


No.  247.— COMMISSIONER'S  DEED. 

This  deed,  from  ,  Commissioner  in  Chancery,  to 

,   of  the   county  of  and    State  of  Mississippi,  madt 


118  Miscellaneous  Forms. 

^Iiis   day  of  ,  A.    D.    18...,  witnesseth:  that,   whereas^ 

the  chancery  court  of county,  by  its  decree  of  the day 

of  A.    D,    IS...,  in  a  cause  therein  between   ^ 

comphiinant,  and   ,  defendant,  appointed  the  said  

its  commissioner,  with  power  and  direction  to  advertis^e  and 

sell',' as  directed,  the  following:   And  whereas,  the 

said  pursuantly  did  duly  advertise  the  same,  and  the 

day  and  place  of  sale,  and  on   the  day  of  ,  A,  D.  18..., 

at  did  expose  to  sale  the  lands  aforesaid,  and  at  such  sale 

the   said  became  the  highest,  last  and  best  bidder  and 

purchaser   of  said    lands,  at  and   for  the   sum    of dollars. 

Therefore,  the  said  ,  as  such  commissioner,  in  consid- 
eration of' the  premises,  doth  hereby  alien  and  convey  to  the  said 

tli'e   lands  so  purchased  by  ,  and  doth  hereby 

transfer,  convoy  and  deliver  to, said  lands;  to  have  and  to 

hold  the  said  lands  hereby  intended  to  be  conveyed,  with  the  appur- 
tenances, to  said  ,  and  heirs  and  alienees,  so  by  him  pur- 
chased, in  perfect  right,  free  from  and  against  the  right,  title,  claim 

or  demand  of  the  said  ,  and  heirs  and  assigns,  and  all 

other  persons,  so  far  as  said    ,  as  such  commissioner,  by  virtue 

of  the  proceedings  aforesaid,  and  the  laws  of  the  land  can  or  ought 
to  alien,  convey  and  deliver,  but  in  no  other  degree.  _  And  he  hereto 
puts  his  name  and  seal,  on  the  day  and  year  first  written. 

,  [seal.] 

Commissioner. 


No.  248.-^LABOR  CONTRACT  FOR  WAGES. 

This  agreement  between of county-,  Mississippi, 

employei-^  and  ,  laborer;  Witnesseth,  That  said 

herel)y  hires  said  laborer  as  a ,  from  this  date  until   ;  and 

for  faithful  services  to  be  rendered  in  said  employment,  by  said 
laborer,    during  all  that  time,  the  said  employer  agrees  to  pay  said 

laborer  dollars  per  month,  payable  at  the  end  of  every   

months;  and  in  addition,  the  said  hereby  agrees  to  fur- 
nish said  laborer,  free  of  charge,  during  the  time  of  said  service, 
with  (Jiere  describe  what  may  be  agreed  upon  ) 

And  said  laborer,  in  consideration  thereof,  hereby  agrees  to  ren- 
der to  said  employer,  or  his  agent,  for  and  during  all  of  said  term, 
due  obedience  and  faithful  service,  and  well  and  promptly  to  per- 
form all  work  in  the  line  of  h...  duty,  in  accordance  with  the  in- 
structions of  said  employer  or  bis  agent,  and  to  bestow  due  care  and 
attention  in  all  things,  upon  all  property  and  interests  committed  to 
said  laborer's  charge  and  keeping,  and  will  faithfully  account,  or 
pay  for  the  same,  to  be  deducted  out  of  said  laborers  wages,  so  far 
as  tlie  same  will  pay;  and  will  discharge,  in  all  things,  the  duties  of  a 
faithful  servant.  And  it  is  hereby  understood,  and  mutually  agreed, 
that  the  wages  of  the  said  laborer  are  to  cease  during  such  times  as 
said  lal)orei-^may  be  absent  without  leave,  each  absence  not  to  count 
less  tlian  one  day;  and  said  employer,  or  agent,   may,  at  any 


Miscellaneous  Forms.  110 

time,  discluifge  said  laboi-cr  fur  such  absence  or  habitual  neglect  of 
dut}'.  Also,  that  for  time  lost  by  sickness,  a  proportional  deductioH 
shall  be  made  in  the  next  succeeding  settlement;  and  the  said 
laborer  shall  be  charged  with  the  actual  cost  of  medical  attendance, 
medicines,  and  other  supplies  furnished  h...  during  such  period  of 
sickness.  And  it  is  further  agreed,  that  the  said  employer  reserves 
the  right  to  eslablisii  such  rules  and  regulations  for  the  government 
of  his  plantation  or  premises,  as  he  may  deem  proper,  not  inconsist- 
ent with  this  contract,  and  the  laws  of  the  State  of  Mississippi. 

Given  under  (nir  hands,  in  duplicate,  this  day  of A. 

D.  18.... 

,  [seal.] 

Witness : .  .  . ,  [seal. J 


No.  249— CONTRACT  FOR  SHARE  OF  CROP. 
State  op  Mississippi, County. 

This  contract  and  agreement,  made  and  entered  into  this  ....  day 

of   ,   18.  .,   by  and  between    ,   of  the  first  part. 

and ,  of   the   second  part:  Witnesseth,  That   the  said 

has  this  da}"   employed  the   said    ,    for 

the  year  18.  .,  [or,  until  the  crop  of  said  year  is  gathered  and  ready 
for  market,  at  option  of  employer,)  to  labor  upon  his  farm  as  here- 
inafter provided  ;  and  it  is  hereb\^  understood  and  agreed  that  the 
said  laborer  shall  be  subject  to  the  orders  of  his  employer  or  super- 
intendent; that  he  is  not  to  leave  the  premises  without  permission 
llrst  obtained;  that  he  is  to  labor  faithfully  on  all  week  days,  during 
such  hours  as  the  emploN^er  may  prescribe,  that  he  will  take  good 
and  faithful  care  of  all  utensils,  implements,  wagons,  horses,  mules, 
and  other  property  in  his  charge,  and  be  responsible  for  their  loss, 
and  for  all  damages,  except  for  wear  and  tear  by  necessary  use. 

And  it  is  agreed,  That  a  failure  to  comply  with  the  conditions  of 

this  contract  subjects  the  said to  be  discharged,  or  charged 

with  loss  of  time. 

It   is  agreed,    by   the   said    ,  that  in  consideration  of  the 

foregoing  services,  the  said  laborer  shall  be  entitled  to  one  ....  of 
the  crop — (that  is,  all  the  laborers  on  the  2ylantation  shall  be  entitled 
to  one  ....  of  all  the  crop  they  assist  in  making) — after  deducting 
from   the   quantity  of  corn   raised,    a  proportional  share    for   the 

necessary   leed  of  teams;    and   the  said agrees  to  furnish 

the  said  with  lodgings,  free  of  charge,  and  with  the  fol- 
lowing supplies,  at  cost  price :    per  week; 

and  no  other  supplies  to  be  advanced  exce[)t  at  the  option  of 
employer. 

And  it  is  further  understood  and  agreed.  That  the  said  laborer 
shall  pay  his  own  doctor's  bills,  buy  his  own  clothing,  and  pay  all 
other  expenses,  of  every  descri[)tion,  of  himself  and  those  depend- 
ant upon  him. 


120  Miscellaneous  Fojins. 

And  it  is  farther  understood,  That  said shall  retain  a 

lien  on  so  innrh  of  the  crop  as  will  pay  whatever  arrearages  may  be 
due  him  at  the  end  of  the  season,  and  the  same  shall  not  be  moved 
or  Fold  until  said  claims  are  first  satisfied. 

In  testimony  whereof,  the  parties  have  signed  duplicates. 

,  [seal. J 

Witnesses :  ,  [seal.] 


No.  250.— FORM  OF  CONTRACT  FOR  WORK. 

These  articles  of  agreement,  made  and  executed  this  2Sth  day  of 
December,  1876,  between  Anthony  Warren,  of  the  one  part,  and 
Robert  Jones,  carpenter,  of  the  other  part:  witnesseth,  tliat  the  said 
party  of  the  first  part,  hath  this  day  employed  the  said  Robert 
Jones  to  erect  and  build  for  the  said  Anthony  Warren,  a  dwelling- 
house,  on  the  premises  of  the  said  Anthony'  Warren,  in  the  tount^'' 
of  Washington,  in  tlie  State  of  Mississippi,  of  the  following  dimen- 
sions ami  specifications,  to-wit  :  [here  insert  s'pecijications.)  That 
said  biiikling  shall  be  completed  and  ready  for  occupation  by  the 
2d  day  of  March  ;  that  on  the  completion  of  said  building  or  dwell- 
inghoiise,  the  said  Anthony  Warren  is  to  pay  to  the  said  Robert 
Jones  the  sum  of  one  thousand  dollars,  provided  said  work  shall 
have  been  done  according  to  said  specifications. 

In  testimony  whereof,  the  parties  have  signed  and  sealed  this 
article  in  duplicate,  the  day^  and  j-ear  first  above  written. 

Anthony  Warren,  [seal.] 
Attest:  Robert  Jones,  [seal.] 

Amos  Jackson,! 
James  Owens.   [ 


No.  251.— FARM  LEASE. 

This  Indenture,  made  and  entered  into  this  day  of ,18..., 

between ,  landlord,  of  the  first  part,  and tenant,  of 

the  second  part,  both  of  the  county  of ,  and  State  of  Missis- 
sippi: Witnessetli,  That  the  said  part}'  of  the  first  part,  for  the  con- 
sideration hereafter  appearing,  hath  granteil,  demised,  and  to  farm 
let,  and  b\'  these  presents  dotli  grant,  demise,  and  to  farm  let,  unto 
the   said   i^arty  of  the  second   part,   his    executors,   administrators 

and  assigns,  the  [)lantation  and  farm  known  and  styled  the  , 

in  the  said  county  and  State,  it  being  the  same  place  on  which  the 

said  now  resides.     To  have  and  to  hold  the  said  plantation, 

with  the  appurtenances,  unto  him  the  said  party  of  the  second  part, 
his  executors,  administrators  and  assigns,  for  and  during  the   term 

of years  from  the  day  of  ,   187....,   paying  for   the 

same  to  the  said  party  of  the  first  part,  his  heirs  or  assigns,  yearh', 
during  the  said   term  aforesaid,  the  annual  rent  of ,  the  first 


Miscellaneous  Forms.  121 

payment  to  bo  on  the  day  of ,  187...,  and  the  other  pay- 
ments to  be  made  on  the  day  of in  each  and  every  year 

thereafter.     And  in  case   the   said   rent  is  not  jn'ompLly  paid  when 

duo,  the  said   shall   have  the  power  and  right  to  reenter 

the  premises  hereby  leased,  and  enjoy  the  same,  as  if  this  lease  had 
not  Iteen  made.  And  the  said  party  of  the  second  part,  for  himself, 
his  heirs,  executors,  and  administrators,  doth  covenant  and  agree 
to  and  with  the  said  party  of  the  (irst  part,  to  well  and  truly  pay 
the  rent  according  to  the  terms  above  expressed,  and  also  to  pay  all 
taxes  legally  assessed  against  said  leased  land  during  the  term  of 
lease,  and  on  the  last  day  of  the  term,  or  other  sooner  determination 
of  the  estate  hereby  granted,  to  deliver  up  the  plantation  aforesaid, 
with  the  appurtenances,  to  the  said  party  of  the  first  part,  his  heirs 
or  assigns.  And  the  said  party  of  t.he  first  part  covenants  and 
agrees  to  and  with  the  said  party  of  the  second  part,  that  he 
and  the  said  party  of  the  second  part,  his  executors  and  administra- 
tors, sjiall  quietl}^  enjoy  the  said  premises  hereby  granted  during 
the  term  aforesaid,  he  the  party  of  the  second  part  performing  his 
■covenants  hereinbefore  mentioned. 

In  witness  whereof,  the  parties  have  set  their  hands  and  seal;',  the 
da}^  and  3'ear  first  above  written. 

,  [seal.] 

Attest:  ,  [seal.] 


No.  252.— GENERAL  LEASE. 

This  indenture,  made  this day  o(  ,  one  thousand  eight 

hundred  and  seventy ,  betvveen  ,  of  the  first  part,  and , 

•of  the  second  part  ;  witnesseth,  that  said  part}'  of  the  first  part,  in 
consideration  of  the  rents  and  covenants  hereinafter  contained,  and 

by  said  part}^  of  the  second   part,  and  assigns,  to  be  paid  and 

performed,  do  hereby  grant,  demise,  and  lease  to  the  said   party  of 

the  second  part,  .,  executors,  administrators,  and  assigns,  the 

premises  describeil  as  follows  :  [hero  describe  the  premises];  to  have 
and  to  hold  the  same,  with  the  appurtenances,  unto  the  said  party  of 

the  second  part, executors,  administrators,  and  assigns,  from 

,  for  and  during  the  full  term  of  next  ensuing,  and  fully 

to  be  completed  and  ended  ;  yielding  and  paying  therefor, 

during  said  term,  the ,  payable  as  follows  :  ;  Provided, 

however,  that  if  said  rent,  or  any  part  thereof,  shall  remain  unpaid 

for da3's  alter  it  shall  become  due,  and  without  demand  made 

therefor;  or  if  said  lessee  shall  assign  this  lea^e,   or  under-let  said 
•leased  premises,  or  any  part  thereof,  without  the  written  consent  of 

•said  lessor heirs  or  assigns  first  had;  it  shall  be  lawful  for 

said  lessor,  heirs  or  assigns,  into  said  premises  to  re-enter,  and 

the  same  to  have  again,  re-possess,  and  enjoy,  as  in  first  and 

former  estate;  and  thereupon,  this  lease,  and  everything  therein  con- 


122  Miscellaneous  Forms. 

tained  on  the  said  lessor's  behalf  to  be  done  and  performed,  shall 
cease,  determine,  and  be  utterly  void. 

And  said  lessee,  for  executors,  administrators,  and  assigns, 

covenants  and  agrees  with  said  lessor,  heirs  and  assigns,  as 

follows,  that  is  to  say  :  that  said  lessee  will  pay  rents,  in  manner 
aforesaid,  except  said  premises  shall  be  destroyed  or  rendered  unten- 
antable by  fire  or  unavoidable  accident  ;  that  will  not  do  or 

suffer  any  waste  therein  ;  that will  not  assign  this  lease,  or 

under-let  said  premises  without  the  written  consent  of  said  lessor, 

and  that  at  the  end  of  said  term, will  deliver  up  said  premises 

in  as  good  order  and  condition  as  the}'  now  are,  or  may  be  put  by 
said  lessor,  reasonable  use  and  ordinary  wear  and  tear  thereof,  and 
damage  by  fire  and  unavoidable  casualtj^  excepted. 

And  said  lessor,  for heirs,   executors,  administrators,  and 

assigns,  covenants  with  said  lessee,  executors  and  administra- 
tors, that  said  lessee  paying  the  rents,   and  observing  and  keeping 

the  covenants  of  this  lease  on part  to  be  kept,   shall  lawlull}^ 

peaceably,  and  quietly  hold,  occupy  and  enjoy  said  premises  during 
said  term,  without  any  let,  hindrance,  ejection  or  molestation  by  said 

lessor,  or heirs,   or  any  person  or   persons  lawfully  claiming 

under  them. 

In  witness  whereof,  the  said  parties  hereto  have  hereunto  set  their 
hands  and  seals,  on  the  da}'  and  year  first  above  written. 

,  [seal.] 

,  [seal.] 

Signed,  sealed,  and  delivered  in  presence  of  ) 


Stat"e  OF  Mississippi,  County.  }^ss. 

Be  it  remembered,  that  on  the  day  of  ,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and  seventy- ,  before 

me,  the  subscriber, ,   personally  came ,   the 

parties  named  in  the  foregoing  lease,  and  acknowledged  the  signing 
and  sealing  thereof  to  be  their  voluntary  act  and  deed,  for  the  uses 
and  purposes  therein  mentioned. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name,  and 
affixed  my  (private  or  official)  seal,  on  the  day  and  year  aforesaid. 

[seal.] 


No.   253.— LANDLORD'S    i^GREEMENT  OF  LEASE. 
The  State  op  Mississippi,  Madison  County. 

This  is  to  certify,  that  I  have,  this  25th  day  of  August,  1876,  let 
and  rented  unto  Israel  Hopkins,  my  house  and  lot,  known  as  No.  37, 
on  Madison  street,  in  the  city  of  Canton,  with  the  appurtenances, 
and  the  sole  and   uninterrupted  use  thereof,   for  one  year,   to  com- 


Miscellaneous  Forms.  123 

mencc  on  the  1st  day  of  October  next,  at  the  3'carly  rent  of  four 
hundred  dollars,  payable  quarterly,  on  the  last  day  of  each  quarter; 
rent  to  cease  in  case  the  premises  are  destroyed  by  lire  or  other  cause. 
The  said  Israel  Hopkins  is  to  keep  the  house  and  premises  in  good 
repair  ;  but  all  taxes,  assessments,  or  other  charges  upon  the  said 
premises  are  assumed  b^-  the  undersigned.  yriiis  is  to  he  varied,  as 
the  j)(it'ties  may  a(/ree.] 

Jeremiah  Bkown,  [seal.] 


No.  2r4.— TENANT'S  AGREEMIONT. 

The  State  of  Mississippi,  Madison  County: 

This  is  to  certify  that  I  have  hired  and  taken  from  Jeramiah  Brown, 
his  house  and  lot,  known  as  No.  37,  on  Madison  street,  in  the  city  of 
Canton,  for  the  term  of  one,year,  to  commence  on  the  1st  day  of  Octo- 
ber, 1876,  at  the  yearly  rent  of  four  hundred  dollars,  payable  quarterly, 
on  the  last  day  of  each  quarter.  And  I  do  hereby  promise  to  make 
punctual  payment  of  the  rent  in  the  manner  aforesaid,  except  in 
case  the  premises  become  untenantable  from  fire  or  an}'  other  cause, 
when  the  rent  is  to  cease;  and  do  further  promise  to  keep  the  said 
premises  in  good  repair,  and  to  quit  and  surrender  the  same  at  the 
expiration  of  the  term,  in  as  good  state  and  condition  as  reasonable 
use  and  wear  thereot  will  permit,  damages  by  the  elements  excepted. 
It  being  understood  that,  in  consideration  of  the  payment  of  rent 
as  aforesaid,  the  said  Jeremiah  Brown  is  to  pay  all  taxes,  assess- 
ments or  other  charges  upon  the  said  premises. 

Given  under  my  liand  and  seal,  the  25th  day  of  August,  A.  D. 
1876.  Israel  Hopkins,  [seal.] 

In  presence  of  i 

J.   W.  Yeakgain.,- 

Fkanklin    Sjiitii.) 

security  for  rent. 

In  consideration  of  the  letting  of  the  premises  above  described, 
and  for  the  sum  of  one  dollar,  I  do  hereby  become  surety  for  the 
punctual  payment  of  the  rent,  and  performance  of  the  covenants  in 
the  above  written  agreement  mentioned,  to  be  paid  and  performed 
b}'  Israel  Hopkins,  as  therein  specified  and  excepted;  and  if  any 
default  shall  be  made  therein,  I  do  hereby  promise  and  agree  to  pay 
unto  Jeremiah  Brown  such  sum  or  sums  of  money  as  will  be  sufli- 
eient  to  make  up  such  deficiency,  and  fully  satisfy  the  conditions 
of  the  said  agreement,  without  requiring  any  notice  of  nonpayment 
or  proof  of  demand  being  made. 

Given  under  my  hand  and  seal,  this  25th  dav  of  August,  A.  D. 
1876.  ^  .  II.  H.  HiNKs,  [seal.] 

No.  255.— PARTNERSHIP— PLANTING. 
Articles  of  a  planting  partnership,  between    ,  of  the  State 


12i  Miscellaneous  Forms. 

of  ,  and ,  of  county,  State  of  Mississippi,  made 

the  ......  day  of ,  18.... 

1.  Tlie  parties  have  leased  from    ,  of  said  county  of , 

for  years,  at   and  for  dollars  per  year,  and  as   partners 

under  the"  name  of   & ,  have  given  their  notes  for  the 

payment  ot  the  rent.     The  said has  put  upon  the  plantation 

.  .\  .  laborers,  namely:    ,  and  the  said has  put  thereon 

....  laborers,  namely:    ,  to  be  worked  thereon  for  the  equal 

benefit  of  the  parties,  under  the  care,  control  and  management  of 
.  .  .  . ,  who  is  to  contribute  his  personal  superintendence  in  planting, 
raising,  securing,  consigning  and  selling  the  crops  of  cotton  made 
on  said  ))lantation. 

2.  All  necessary  expenses  incurred  in  support  of  the  said 

and  his  family,  and  of  the  hands,  and  of  conducting  the  plantation 
are  to  be  borne  equally  by  the  parties;  provided  that  the  expenses 
for  the  support  of  .  .  .  .,  do  not  exceed  yearly  ..... 

3 is  to  keep  an  exact  account  of  receipts  and  expenses; 

shall  use  the  name  of  the  firm  only  in  consignments,  in  receipts,  for 

necessary   joint  expenses,  and  in  correspondence;  nor  is  said 

otherwise  to  use  the  same. 

4 is  to  cause  the  said  laborers  to  be  well-clad,  sup- 
ported, sheltered,  governed  and  protected,  and  provided  with  due 
medical  aid. 

5.  He  is  to  S3ttle  yearly  with  the  said ,  and  pay  him  one 

moiety  of  the  partnership  net  profits. 

6.  A  portion  of  the  leased  plantation  may  be  put  in  corn,  pota- 
toes, etc.,  for  the  consumption  of  family,  hands,  stock,  etc. 

And  hereto  the  parties  put  their  names  and  seals  in  duplicate. 

,  [l-S.] 

>  [l-s.J 

>  [l.s.] 

Witness: 


No.  256.  ^MERCANTILE  PARTNERSHIP. 

Articles  of  Mercantile  Partnership,  between   ,  of  the  town 

{or  city)  of  ,  in  the  State  of  Mississippi,  made  the  

day  of 

1.  The  name  and  style  of  the  firm  is 

2.  The  partners  each  contribute  as  capital,  S ,  which  is  to 

be  invested  in  such  goods,  wares  and  merchandise  as  the  partners 
may  think  most  saleable,  and  sold  for  cash,  mainly,  except  to  small 
amounts,  and  on  short  credits  to  punctual,  responsible  dealers. 

3.  Neither  of  the  partners  is  to  become  surety,  drawer,  acceptor, 
or  endorser,  in  any  case  whatever,  except  in,  for  and  affecting  the 
partnership,  without  the  consent  of  his  associate. 

4.  A  settlement  siiall  be  had  when  either  party  desires;  and  the 
firm  dissolved  at  the  desire  of  either. 


Miscellaneous  Forms.  125 

5.     The  partnorship   iiaiiK!    is  tu   hi  used   only  in   rii.s[)(!ct   of  the 
business  and  affairs  ot"  the  linn. 
Signed  in  duplicate. 

,'   [^-EAL.] 

'    [SKAL.J 

No.  257.— MERCANTILE  PARTNERSHIP.— 2. 

Articles  of  copartnership  made  and  concluded  this  20tli  da}'  of 
August,  in  the  3'ear  (^\\q  thousand  eight  hundred  and  sixty-niife,  by 
and  between  James  West,  of  the  first  part,  and  John  East,  of  the 
second  part,  botii  of  Jackson,  iri  the  county  ot  Hinds,  State  of  Mis- 
sissippi. 

Wiiereas,  it  is  tlie  intention  of  the  said  parties  to  form  a  copart- 
nership, for  tiie  purpose  of  carrying  on  the  retail  business  of»dry 
goods  and  clothing,  for  which  purpose  they  have  agreed  on  the  fol- 
lowing terms  and  articles  of  agreement,  to  the  faitliful  performance 
of  whicii  they  mutually  bind  and  engage  themselves  each  to  the 
other,  his  executors  and  administrators  : 

First.  The  style  of  the  said  copartnership  shall  be  "West&  East," 
and  it  shall  continue  for  the  term  of  two  years  from  the  aljove  date, 
except  in  case  of  death  of  either  of  the  said  parties  within  the  said 
term. 

Second.  The  said  West  &  East  are  the  proprietors  of  the  stock,  a 
schedule  of  which  is  contained  in  proportion  of  two-thirds  to  the 
said  West,  and  one-third  to  the  said  East ;  and  the  said  parties  shall 
continue  to  be  owners  of  their  joint  stock  in  the  same  proportions; 
and  in  case  of  an^^  addition  being  made  to  the  same,  by  mutual  con- 
sent, the  said  West  shall  advance  two-thirds,  and  the  said  East  one- 
third  thereof. 

Third.  All  profits  which  ma}^  accrue  to  the  said  partnership  shall 
be  divided,  and  all  losses  happening  to  the  said  firm,  whether  from 
bad  debts,  depreciation  of  goods,  or  any  other  cause  or  accident, 
and  all  expenses  of  the  business,  shall  be  borne  by  the  said  parties, 
in  the  aforesaid  proportion  of  their  inuerest  in  the  said  slock. 

Fourth.  The  said  East  shall  devote  and  give  all  his  time  and 
attention  to  the  business  of  the  said  firm  as  a  salesman,  and  gener- 
ally to  the  care  and  superintendence  of  the  store;  and  the  said  West 
shall  devote  so  much  of  his  time  a3  may  be  requisite,  in  advising, 
overseeing  and  directing  the  purchase  of  dry  goods,  clothing,  and 
other  articles  necessary'  to  the  said  business. 

Fifth.  All  the  purchases,  sales,  transactions,  and  accounts  of  the 
said  firm  shall  be  kept  in  regular  books,  which  shall  be  always  open 
to  the  inspection  of  both  parties  and  their  legal  rei)resentatives  res- 
pectively. An  account  of  stock  sh^dl  be  taken,  and  an  account 
between  the  said  parties  shall  be  settled,  as  often  as  once  in  every 
year,  and  as  much  oftener  as  either  party  may  desire  and  in  writing 
request. 

Sixth.  Neither  of  the  said  parties  shall  subscribe  any  bond,  sign 
or  indorse  any  note  of  hand,   accept,  sign,  or  indorse  an\'  draft  or 


126  Miscellaneous  Forms. 

bill  of  excbangc,  or  assume  an}'  other  liability,  verbal  or  written, 
eitlier  in  his  own  name  or  in  tlie  name  of  the  lirm,  for  the  accommo- 
dation of  any  other  person  or  persons  whatsoever,  without  the  con- 
sent, in  writing,  of  the  other  party;  nor  shall  either  partv  lend  any 
of  the  funds  of  the  copartnership  without  such  consent  of  the  other 
partner. 

Seventh.  No  importation,  or  large  purchase  of  dry  goods,  clothing 
or  other  things,  shall  be  made,  nor  any  transaction  out  of  the  usual 
course  of  retail  business,  shall  be  undertaken  by  either  of  the  part- 
ners, without  previous  consultation  with,  and  the  approbation  of, 
the  other  partner. 

Eighth.  Neither  party  shall  withdraw  from  the  joint  stock,  at  any 
time,  more  than  his  share  of  the  profits  of  the  business  then  earned, 
nor  shall  either  party  be  entitled  to  interest  on  his  share  of  the  capi- 
tal ;  but  if,  at  the  expiration  of  the  year,  a  balance  of  profits  be 
round  due  to  either  partner,  he  shall  be  at  liberty  to  withdraw  the 
said  balance,  or  to  leave  it  in  the  business,  provided  the  other  part- 
ner consent  thereto,  and  in  that  case  he  shall  be  allowed  interest  on 
the  said  balance. 

Ninth.  At  the  expiration  of  the  aforesaid  term,  or  earlier  disso- 
lution of  this  copartnership,  if  the  said  parties  or  their  legal  repre- 
sentatives cannot  agree  in  the  division  of  the  stock  then  on  hand, 
the  whole  copartnership  effects,  except  the  debts  due  to  the  firm, 
shall  be  sold  at  public  auction,  at  which  both  parties  shall  be  at 
liberty  to  bid  and  purchase,  like  other  individuals,  and  the  proceeds 
shall  be  divided,  after  payments  of  the  debts  of  the  firm,  in  the  pro- 
portions aforesaid. 

Tenth.  For  the  purpose  of  securing  the  performance  of  the  fore- 
going agreements,  it  is  agreed  that  cither  party,  in  caSe  of  any  vio- 
lation of  them  or  either  of  them,  by  the  other,  shall  have  the  right 
to  dissolve  this  copartnership  forthwith,  on  his  becoming  informed 
of  such  violation. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  the 
dav  and  year  first  above  written. 

James  West,  [seal.] 
John  East,     [seal.J 

No.  258.— GENERAL  RELEASE  OF  ALL  DEMANDS. 

Know  all  men  b}^   these  presents,  that  I,  PI  F.,  of ,  for 

and  in  consideration  of  the  sum  of dollars  to  me  paid  by 

H.  K.,  ot ,  (the  receipt  whereof  I  do  hereby  acknowledge), 

have  remised,  released  and  forever  discharged,  and  I  do  hereb}',  for 
myself,  my  heirs,  executors,  administrators,  and  assigns,  remise, 
release  and  forever  discharge  the  said  H.  K.,  his  heirs,  executors  and 
administrators,  of  and  from  all  debts,  demands,  actions  and  causes 
of  action  which  I  now  have,  in  law  or  equity,  or  which  may  result 
from  the  existing  state  of  things,  from  any  and  all  contracts,  liabil- 
ities, doings  and^omissions,  from  the  beginning  of  the  world  to  this 
dav. 


Miscellaneous  Forms.  127 

In  testimoii}'  whereof,  I  have  hereunto  set  my  hand  aiul  seal,  this 

. . .  day  of ,  187.  .. 

[seat..] 


BONDS     OF     P  U  B  I.  I  C     O  F  F  I  (J  ]•:  R  S . 

No.  259. 

.§§  244,  261,  272,  287;  Acts  1876,  p.  46. 

Note. — The  following  form  will  answer  for  Coroners,  Hangers,  Treasurers, 
Surveyors,  Assessors,  Circuit  <];lerks  and  Supervisors.  The  justification  of 
sureties  on  official  bonds  is  the  same  for  all  public  officers,  which  must  be 
endorsed  ou  the  bonds,  the  form  of  which  is  given  here. 

State  of  Mississippi, County.  \  ss. 

Know  all  men  b}'  these  presents,  that  we,  A.  B.,  C.  D.,  E.  F.  and 
O.  H.,  ot  the  county  and  State  aforesaid,  are  held  and  firmly  bound 

nnto  the  State  of  JNLississippi,  in  the  penal  sum  of dollars, 

for  the  payment  of  which  well  and  trul}'  to  be  made,  we,  and  each 
of  us,  bind  ourselves,  our  and  each  of  our  heirs,  executors  and  ad- 
ministrators, jointly  and  severally',  and  lirml^'  by  these  presents. 
Signed  with  our  liands,  sealed  with  our  seals,  and  delivered  on  this 
day  of ,  A.  D.  18.  .. 

Whereas,  the  above  bounden  A.  B.  was  duly  elected  to  the  office 

of  of  said  county,  on   the    da}^  of ,  A.   D. 

18 .  .,  for  the  term  of years  from  the   ....  day  of ,  A,  D. 

18..;  wherefore  the  condition  of  this  obligation  is  such,  that  if  the 
said  A.  B.   shall   faithfully  perform  and  discharge  all  the  duties  of 

the  said  office  of  ,  and  all  acts  and  things  required  by 

law,  or  incident  to  the  said  office,  during  his  continuance  therein, 
then  the  above  obligation  to  be  void,  otherwise  to  remain  in  full 
force  and  virtue.  ,  [seal.] 

,    I  SEAL.  J 

,  [seal  I 

,  [seal.] 

The  foregoing  bond  approved  bv   us  this  10th  day^  of  December, 

1875.  "  , 

President  Board  Supervisors. 


Clerk. 


§§  219,  990,  1298. 

No.  260.— BONDS  OF  PUBLIC  OFFICERS. 

Note. — The  following  form  will  answer  for  Justices  of  the  Peace,  Chan- 
cery Clerks,  Sherifl's  and  Constables: 

State  op  Mississirpi, County.  )-ss. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.,  E.  F.,G 
H.  and  I.  K.,  of  the  county  and  State  aforesaid,  are  held  and    firral}'' 
bound  unto  the  State  of  Mississippi  in    the  penal  sum  c^   .  .  .  .  dol- 


128  Miscellaneous  Forms. 

lars,  Tor  tlie  paj'uient  of  which  well  auil  truly  to  be  made,  we,  ant? 
each  of  us,  bind  ourselves,  our  and  each  of  our  heirs,  executors: 
and  administrators,  jointly  and  severally,  and  firmly  by  these  pres- 
ents.    Signed  with  our  hands,  sealed  with   our  seals,  and  delivered 

on  this day  of  ,  A.  D.  18... 

Whereas,  the  above  bounden  A.  B.  was  duly  elected   to   the  office 

of of  said  county,  on  the  day  of  ,  A.  D.  18.., 

for  the  term  of years,  from  the  day  of ,  A   D  18...; 

wherefore  the  condition  ot  this  obligation  is  such,  that  if  the  said 
A.  B.  shall  faithfully  perform   and  discharge  all  the  duties  of  the 

said  ofHce  of ,  and  all  acts    and  things  required  by  law,  or 

incident  to  the  said  office,  during  his  continuance  therein,  and  pay 
over  immodiately.  and  without  delay,  to  the  proper  persons,  all 
moneys  collected  by  him,  or  which  may  come  into  his  hands  by 
virtue  of  his  said  office,  then  the  nbove  obligation  to  be  void,  other- 
wise to  remain  in  full  force  and  virtue. 

[SEAL.] 

[SEAL.] 

[SEAL.] 

[SEAL.] 

The  foregoing  bond  approved  by  us,  this day  of  ,  18.... 

1 

President  Board  Supervisors. 


Clerk. 


§  1,  Acts  1876,  p.  8. 

No.  261.— TAX  COLLECTOR'S  BOND. 

]SfoTE. — This  bond  differs  from  all  others  in  its  conditions,  and  the  law 
should  be  followed  strictly.  Presidents  of  the  Boards  of  Supervisors  and 
Clerks  should  scrutinize  all  bonds,  not  only  for  the  purpose  of  justifying  the 
sureties,  but  to  see  that  the  bonds  are  in  proper  form;  and  bysection  3  of 
the  above  Act,  the  President  and  Clerk  are  held  criminally  to  account  for 
the  sufficiency  of  the  bond ;  therefore,  if  they  are  satisfied  from  their  own 
knowledge,  or  from  reliable  information,  that  the  surety  is  not  worth  the 
amount  sworn  to,  they  should  reject  the  surety.  The  surety  falsely  swear- 
ing in  any  particular,  although  guilty  of  perjury,  does  not  by  his  guilty  act 
relieve  the  President  or  Clerk,  if  they  had  any  reason  to  believe  that  the 
oath  was  false. 
State  op  Mississippi.  Hinds  County.  ;>ss. 

Know  all  men  by  these  presents.  That  we,  A.  B.,  C.  D.,  E.  F.  and 
G.  H.,  of  the  county  and  State  aforesaid,  are  held  and  firmly  bound 
unto  the  State  of  Mississippi,  in  the  penal  sum  of  ten  thousand  dol- 
lars, for  the  payment  of  which,  well  and  truly  to  be  made,  we,  and  each 
of  us,  bind  ourselves,  our  and  each  of  our  heirs,  executors  and  ad- 
ministrators, jointly  and  severally,  and  firmly  by  these  presents. 
Sianed  with  our  hands,  sealed  with  our  seals,  and  delivered  on  this 
first  day  of  January,  A.  D.  1878. 

Whereas,  the  above  bounden  A.  B.  was  duly  elected  to  the  office 


Miscellaneous  Forms.  1-9 

(jf  sheriU'of  said  couaty,  on  the  sixth  day  of  Noveinl).'r,  A.  D.  1877, 
Ibi"  the  term  of  two  years  from  the  first  day  of  January,  A.  D.  1878; 
and  whereas  said  A.  B.,  by  virtue  of  his  otfice  of  sheriff,  is,  l)y  law, 
tax-collector  of  said  county;  Now,  therefore,  the  condition  of 
this  ()l)li,<2;atioa  is  such,  that  if  the  said  A.  13.  will  well,  truly 
and  faithfully,  collect  all  the  taxes  assessed,  in  said  county, 
and  will  promptly  pay  into  the  State  and  county  treasuries,  all 
money  collected  b}'  him,  and  to  which  said  treasuries  shall  be  vcs- 
j)ectively  entitled  ;  and  that  he  will  in  all  thin<rs  truly  and  faith- 
fully execute  and  perform  all  the  duties  of  tax-collector  of  his  said 
count}^  to  the  best  of  his  skill  and  ability,  so  long  as  he  shall  con- 
tinue in  otrico,  then  the  above  obligation  to  bo  void,  wtherwiso  to 
remain  in  full  force  and  viituc 

SKAL.] 
SEAL.] 
SEAL.  I 
SEAL.] 

The  forcgoina:  bond  appioved  by  us,  this  first  day  of  January,  A. 
D.  1878.  -  •  I  j^ 

President  Board  Supervisors. 
K,  L., 

Cierk. 


A.  B. 
C.  D. 
E.  F. 
G.  II. 


§  2,  Acts  1876,  p.  9.] 

No.   262.— JUSTIFICATION    OF   SURETIES    ON    OFFICIAL 

BONDS. 

Note. — The  oat'h  of  the  sureties  must  be  taken  before  the  Chancery  Clerk  ; 
if  no  Chancery  Clerk,  then  before  the  Circuit  Clerk  ;  and  in  counties  where 
both  clerkships  are  filled  by  the  same  person,  then  before  the  President  of 
the  Board  of  Supervi^sors,  who  also  approves  the  bond.  The  oath  of  sureties 
must  in  all  cases  be  endorsed  on  the  bond — that  is,  not  written  on  a  separate 
paper  and  attached.  The  justification  of  the  sureties  must  be  taken  at  the 
office  of  the  Clerk.  The  contemplation  of  the  law  is  that  the  property  bound 
and  the  bondsmen  shall  be  situated  in  the  county  of  the  officer — whether  the 
bondsmen  live  there  or  not,  the  property  must  be  there  situated. 

State  of  Mississippi,  Couxty,  }■  ss. 

This  day  personally  came  before  me,  the  undersigned  Clerk  of  the 
Chancery  Court  (or  Circuit  Court,  or  President  of  the  Board  of 
Supefvisors)^  in  and  for  couujy  and|  State  aforesaid,  and  at  my  office 
therein,  the  sureties  on  the  within  and  foregoing  bond,  and  whose 
names  are  signed  thereto,  wdio,  being  by  me  first  severally  and  duly 
sworn,  depose  and  say,  that  they  are  collectively  worth  the  sum  of 
(pena/t;/  of  bond)  dollars  in  freehold  estate,  held  and  owned  in  their 

uwn  right,    and   situated  in  said  county  of ,  over  and  above 

all  their  just  debts,  legal  liabilities,  and  the  amounts  of  their  sure- 
tyships on   any   other  official  bonds,  and  over  and  above  all  their 

legal  exemptions;  that  is  to  sa}-,  the  said  the  sum  of 

dollars;  the   said  the   sum   of dollars;  the  said  

9 


130  Miscellaneous  Forms. 

the   sum   ot    doUiivs;  and  the  said  .'. the  sum  of 

dollars;  and  that  said  several  sums  aggregate  the  full  penalty 

of  said  bond;  and  further  the}^  say  not. 

Sworn  to  and  subscribed  before  me,  this  day  of , 

A.  D.  18... 

:    [SKAL.J 

Clerk. 


No.  263.— MORTGAGE  TO  SECURE  NOTE. 

This  Indenture,  made  this  day  of ,  between  A.  B.,  of 

county,  of  the  first  part,  and  C.  D.,  of county,  of 

the  second  part,  all  of  the   State  of  Mississippi;  witnesseth,    That, 
whereas,  said  party  of  the  first  part  is  justly  indebted  to  said  party 

of  the  second  part,  in  the  sum  of dollars,  as  evidenced 

by  his  certain   ]iromisbOry  {or^  two  or  more  certain  ft omissory  notes,) 
of  even  date   herewith,  for  the  sum  of  five  hundred  dollars,  payable 

to  said  party  of  the  second  part,  or  order,  on  or  before  the day 

of ,18 with  interest  at  the  rate  of per  cent,  per  annum 

from  maturity  {or,  date;)  and  being  desirous  of  securing  the  prompt 
payment  of  said  note,  at  maturity,  and  interest  thereon,  the  said 
party  of  the  first  part,  for  and  in  consideration  of  the  premises,  and 
of  the  further  sum  of  one  dollar  in  hand  to  him  paid  by  said  party 
of  the  second  part,  the  receipt  of  which  is  hereby  acknowledged, 
has  granted,  bargained,  and  sold,  and  by  these  presents  does  grant, 
bargain,  and  sell  unto  said  party  of  the  second  part,  and  to  his  heirs 
and" assigns,  all  that  certain  piece  of  land  lying  and  being  in  said 
count}-,  and  described  as  follows:  [describe  it']  to  have  and  to  hold 
said  bargained  premises,  together  with  all  and  singular  the  appur- 
tenances thereunto  belonging  or  in  anywise  appertaining,  unto  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  in  fee  simple, 
forever.  And  the  said  part}^  of  the  first  part,  for  himself,  his  heirs 
and  legal  representatives,  covenants  andrgrees  to  and  with  the  said 
party  of  the  second  part,  his  heirs,  legal  representatives,  and  assigns, 
that  he  will  and  shall  warrant  and  forever  defend  the  title  to  the 
aforesaid  premises,  against  the  legal  claim  or  claims  of  all  and  ever}- 
person  or  persons  whomsoever. 

This  deed  is,  nevertheless,  intended  to  operate  as  a  mortgage  to 
secure  the  payment  of  the  amounts  aforesaid  ;  Now,  therefore,  if 
the  said  party  of  the  first  part,  or  others,  for  him,  shall  well  and 
truly  pay  and  satisfy  said  note,  at  maturit3%  with  interest  accrued 
thereon,  then  this  deed  is  to  be  void  and  of  none  effect,  otherwise 
to  remain  iu  full  force  and  effect. 

In  witness  whereof,  eaid  party  of  the  first  part  has  hereunto  set 
his  hand  and  seal,  the  day  and  year  first  above  written. 

A.  B.,  (seal.) 


Miscellaneous  Forms.  Vol 

No.  261.— MORTGAGK  WITH  POWER  OF  SALE.— SHORT 

FORM. 

This  iDclcnture,  made  this  cl;i_y  of  ,   18 Ijctween  A. 

H.,  of   county,  of  the  first  pari,  and  C.  D.,  of county, 

'of  tlio  second  part,  all  of  the  State  of  ^lississippi ;  witnesselli,  That 
ihe  said  parly  of  the  lirst  part,  for  and  in  consideration  of  tlie  sum 

of  dollars  (amoioit  of  the  debt  or  a.dva7ice,)  to  him  in  iiand 

paid,  hereby  grants,  bargains,  and  sells  unto  the  said  part}'  of  the 
second  part,  and  to  his  legal  representatives  and  assigns,  forever,  all 
(ff  land,  describe  it,  or  [/roiviny  croips,  or  personal  property,)  lying  and 
being  in  said  county,  to  have  and  to  hold  the  same,  together  with 
tUe  appurtenances  thereunto  belonging  or  in  anywise  appertaining, 
and  all  the  right,  title,  interest,  claim  and  demand  of  said  party  of 
tliC  first  part  in  and  to  the  same,  unto  said  part}'  of  the  second  part, 
^ns  legal  representatives  and  assigns,  in  fee  simple,  forever. 

This  grant  is  intended  as  a  security  for  the  i)ayment  of  the   sum 

of  - dollars  (amount  due  said   party   of  the  second  part,  as 

evidenced  by  the  ])romissory  note,  &c.,  of  fiaid  party  of  the  first 
part;  or,  amount  to  be  ativanced  by  said  party  of  the  second  part, 
for  the  ])urpose  of  assisting  said  party  of  the  first  i)artin  cultivating 
and  making  a  crop  for  the  year  18...,  in  said  county,  to  be  paid  on 
the  15lli  day  of  November,  18...,]  which  payments,  if  duly  made, 
will  render  this  conveyance  void  ;  but  if  default  shall  be  made  in 
pa3'ment  of  the  principal  or  interest  above  mentioned,  then  the  said 
party  of  the  second  part,  his  legal  representatives  or  assigns,  are 
iicreliy  authorized  to  sell  the  property  above  granted,  or  so  much 
ihereof  as  will  be  necessar\'  to  satisfy  the  anio*unt  then  due,  with 
the  cost  and  expenses  of  executing  this  deed  and  said  sale. 

In  witness  whereof,  the  said   party  of  the  first  part  has  hereunto 
set  his  hand  and  seal,  the  day  and  year  first  above  written. 

A.   ]>.,   [seal.] 

Ko.  265.— POWER  OF  ATTORNEY. 

Know  all  men  by  these  presents.  That  I,  A.  B.,  of county 

and  State  fif  ,...,  have  made,  constituted,  and  appointed,  and 

()3'  these  presents  do  make,  constitute,  name,  and  appoint  C.  D.  my 
true  and  lawful  attorney  for  me  and  in  my  name,  place,  and  stead, 
to  (here  insert  the  thing  to  be  done;  to  demand  and  recover  debts, 
to  buy  or  sell,  to  execute  deeds,  to  sign  papers,  &c.,  &c.,)  giving  and 
granting  unto  m\'  said  attorney  full  power  and  authority  to  do  and 
perform  all  and  every  act  and  thing  whatsoever  requisite  and  neccs- 
riary  to  be  done  in  and  about  the  premises,  as  fully  to  all  intents  and 
purposes,  as  I  might  or  could  do  if  personally  [iresent,  with  full 
power  of  substitution  and  revocation,  hereby  ratifying  and  confirm- 
ing all  that  my  said  attorney,  or  his  substitute,  sliall  lawfully  do  or 
cause  to  be  done  by  virtue  liereof. 

In   Avitncss   whereof,  I   have  hereunto  set  my  hand  and  seal,  this 

day  of ,  18... 

A.  B.,  [seal.] 


132  Miscellaneous  Forms. 

>^OTE. — Xo  deed  is  perfect  until  duly  acknowledged  before  a  justice,  or 
some  other  officer  authorized,  and  the  transaction  should  not  be  considered 
concluded,  or  the  money  paid,  before  it  is  acknowledged.  After  acknowl- 
edgement, the  deed  should  be,  at  the  earliest  day  practicable,  filed  withTthe 
clerk  of  the  chancery  court,  for  record.  In  the  foregoing  deeds,  ifthere.be 
a  wife,  she   should  always  join   and  sign  with  her  husband.     In  such  case, 

say  :  "  A.  B.,  and  C.  D.,liis  wife,  of county,  parties  of  the  first  part." 

The  following  forms  of  acknowledgements,  will  answer  in  all  cases: 

No   266.— ACKNOWLEDGEMENT    BY    A    MAN.    OR  SINGLE 

WOMAN. 

State  of  Mississippi,  County  }-ss. 

This  day,  ])ersonally  appearerl  befm-p  tlie  nndersigned  justice  of 
the  i)eace  "for  said  county.  A.  B.,  who  acknowlcdiied  that  he  (or  she) 
siirned,  scaled,  and  delivered  the  foregoing  (or,  attached)  instnnnent 
of  writing,  on  the  day  and  date  thereof,  for  the  uses  and  purposes 
therein  set  forth,  as  and  for  his  (or  her)  voluntary-  act  and  deed. 

In   witness    whereof,  I  have  hereunto  set  my  hand  and  seal,  this 

day  of ,  18... 

,  J.  P.-   [seal.] 


No,  267.— ACKNOWLEDGMENT   BY  HUSBAND    AND  WIFE. 

State  OF  Mississippi,  County,  [>ss.- 

Tliis  day,  persoually  appeared  before  the  undersigned  justice  of 
the  peace'for  said  county,  A.  B.,  who  acknowledged  that  he  signed, 
sealed,  and  delivered  the  foregoing  {or,  attached)  instrument  of 
writing,  on  the  day  and  date  thereof,  for  the  uses  and  purposes  set 
forth,  as  and  for  his  voluntary  act  and  deed.  And  at  the  same  time 
also  personally  appeared  C.  li.,  wife  of  said  A.  B.,  who,  being  by  me 
examined,  privately-,  separate,  and  apart  from  her  said  husband,  and 
the  foregoing  (or,  attached)  instrument  of  writing  fully  explained 
to  her  by  me,  acknowledged  that  she  signed,  sealed,  and  delivered 
the  same,  on  the  day  and  date  thereof,  for  the  uses  and  purposes  set 
forth  therein,  freely,  as  and  for  her  voluntary  act  and  deed,  without 
any  fears,  threats,  or  compulsion  of  her  said  husband. 

in  witness  whereof,  I  have  hereunto  set  m\^  hand  and   seal,  this 

day  of ,  18... 

,  J.  P.,  [seal.] 


-^^o,  2G8.— GENERAL  CONTRACT. 

Articles  of  agreement  and  contract,  made  this day  of , 

between  A.  B.,  of  the  county  of  ,  and  the  State  of  Missis- 
sippi, pfii'ty  of  the  first  part,  and  C.  D,  {and  others,  if  so,)  of  the 
same'couuty  and  State,  party  of  the  second  part;  witnesseth,  That 
the  said    party  of    the   first  part,    for  and   in  consideration  of  the 


Miscellaneous  Forms.  133 

promises  und  ngreei.ients  liei'c  in  after  made  l)y  tlie  said  C.  D  .  hereby 
eovenants  and  a<);recs  to  and  with  the  said  party  of  the  seeond  part — 

[  Here  set  forth  distinctly  what  A.  B.  proposes  to  do,  whatever  it 
may  be.] 

And  the  s.iiil  party  of  tlie  seeond  part,  on  liis  part,  for  and  in 
consideration  of  the  promises  and  agreements  of  the  said  A.  B., 
aforesaid,  hereby  covenants  and  agrees  to  and  with  the  said  party 
of  the  lirst  part — 

[  Here  write  exactly  what  C.  D.  is  to  do.] 

(And  in  case  of  tlie  i'aiiure  of  tlie  said  party  of  the  second  part 
to  make,  do,  or  perform  auv  of  the  covenants  on  his  part  hereby 
made  and  entered  into,  this  contract  shall,  at  the  option  of  the  party 
of  the  Urst  part,  be  foifeited  and  determined,  and  the  party  of  the 
second  part  shall  forfeit  all  advantages  and  profits  acquired  or  to  be 
acquired  on  or  by  virtue  of  this  contract;  and  the  said  party  of  the 
first  part  is  hereby  authorized  to  retain  what  may  have  been  done 
or  i)aid  in  this  behalf,  by  said  party  of  the  second  part,  in  full  satis- 
faction, and  in  liquidation  of  all  damages  or  injury  by  him  sus- 
tained.) 

[And  it  is  mutually  agreed  and  covenanted,  that  if  it  shall  happen 
that  said  party  of  the  first  part,  his  heirs  or  legal  representatives, 
shall  neglect  to  do,  furnisli  or  perform  his  or  their  parts  of  the  cov- 
enants and  agreements  herein  contained,  that  then,  and  in  any  such 
case,  the  said  party  of  the  second  part,  his  heirs  and  legal  repre- 
sentatives, shall  not  hereby  be  obliged  to  make,  do  or  perform  his 
and  their  covenants  herein  contained,  but  shall,  at  his  or  their 
option,  be  absolutely  discharged  therefrom.] 

[And  it  is  also  agreed  that  said  party  of  the  second  part  shall 
not,  nor  will,  during  the  continuance  of  this  contract,  cut  down  any 
timber  or  trees,  or  commit  any  waste  or  spoil  whatsoever,  in  or  ui)on 
the  premises,  or  any  part' thereof,  nor  shall  or  will  grant  any  new 
leases  of  the  premises,  or  any  part  thereof,  without  the  knowledge 
and  consent  of  said  party  of  the  first  i»art,  or  his  heirs  or  legal  rep- 
resentatives.] 

And  it  is  mutually  agreed  that  all  covenants  and  agreements 
herein  contained  shall  extend  to  and  be  obligatory  upon  the  heirs, 
legal  representatives  and  assigns  ot  the  respective  parties. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  lirst  above  written,  to  two 
copies  of  this  agreement  interchangeablv. 

A.  B.  [seal.] 
C.  D.  [seal.] 

Signed  and  inteichang\id  in  the  presence  of 


Note. — The  foregoing  contract  will  answer  for  most  any  purpose ;  the 
part  in  brackets  to  be  used  or  not.  The  farmer  who  rents  land,  or  who 
crops  on  .shares,  or  who  hires  farm  laborers,  can  find  all  he  wants  in  this 
form,  if  supplies  arc  not  furnished. — and,  in  fact,  under  our  present  labor 
and  agricultural  lien  laws,  the  better  plan  is  only  to  write  one  copy,  have 
the  same  acknowledged  by  the  parties,  and  let  the  contract  be  recorded. 


l'5i  Miscellaneous  Forms. 

No.  269.— CONTRACT  TO  CULTIVATP:  LAND  ON  SHARES.  . 

This  agreement,    made  this    day  of ,  187...,  between 

A.   B.,   of  county,  and  C.   D,    [and  others,  if  so),  ol 

count}',  all  of  the  State  of  Mississippi,  witnesseth:  That  the  said 
C.  D.  agrees  to  break  up,  properl}^  fit,  plant  and  seasonably-  cultivate 

acres  of  land  of  the  farm  of  said  A.  B.,  in  said  county,  for  the 

})urpose  of  making  thereon  crops  of  cotton,  corn,  peas,  potatoes, 
oats  and  wheat,  during  said  3'ear;  that  when  said  crops,  to  be 
planted  and  sown  as  aforesaid,  shall  be  in  fit  condition,  he  will  cut. 
harvest,  gather  and  pick,  and  safely  house  the  same  in  the  barns, 
pens,  or  ginhouses  of  the  said  A.  B. ;  and  that  he  will  properly 
thrash,  clean,  pump  and  assist  in  ginning  and  baling  the  same; 
that  one-half  of  the  oat,  wheat,  potato,  and  corn  seed  is  to  be  fur- 
nished by  the  said  C.  D. :  that  all  the  labor  and  work  necesharj'  in 
the  premises  is  to  be  performed  by  the  said  C.  D. ;  and  that  the 
said  C.  D.  will  faithfully  and  honestly  deliver  one-half  of  all  said 
products  to  said  A.  B.,  or  to  his  legal  representatives  or  assigns,  on 
or  before  the  25th  day  of  December  of  said  year,  and  all  of  the 
cotton  seed. 

A.  B.,  on  his  part,  agrees  to  furnish  the  said  C.  D.  sufficient  and 
comfortable  house  room,  plough  team,  wagons  and  team  necessar}', 
and  all  farm  tools  and  implements  requisite  in  the  premises,  as  also 
feed  for  the  plough  team. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands 

and  seals  this day  of  ,  18... 

A.  B.  [seal.  I 
C.  D.    [seal.} 


No.   270.— CONTRACT  TO  CULTIVATE  ON  SHARES. 

(Another  form.) 

This  agreement  made  this  day  of  ,  IS...,  between   A 

B.,  of  , county,  of  the  first  part,  and  C.  D.,  of county, 

of  the  second  part,  all  of  the  State  of  Mississippi,  witnesseth:  That 
the  said  party  of  the  second  part  liereby  covenants  and  agrees  to 
work  and  labor  upon  the  farm  of  said  party  of  the  first  part,  in  said 
county,  for  and  during  the  year  18...;  that  in  all  matters  of  pre- 
paring, ploughing,  planting  and  cultivating  said  farm,  the  said 
part3^  of  the  second  part  is  to  be  under  the  general  direction  of  said 
party  of  the  first  part,  or  his  duly  appointed  agent;  that  a  day's 
labor  is  to  be  considered  from  the  rising  to  the  setting  of  the  sun, 
•with  reasonable  time  at  noon  for  food  and  rest;  that  the  said  party 
of  the  second  part  will  take  good  and  faithful  care  of  all  implements, 
tools,  horses,  mules,  wagons  and  other  property  at  an}'  time  in  his 
charge  or  under  his  control,  and  shall  be  responsible  for  their  loss 
and  all  damage,  except  from  usual  wear  and  tear,  and  providential 
interposition;  and  shall  faithfully  labor,  at  all  times,  on  said  farm,, 
during  said  year,  when  not  prevented  by  sickness  or  other  unavoidr 
able  cause. 


MiscelUtneoits  Fojins.  1'35 

In  coiisidoration  of  the  foregoing,  tlie  said  paity  ol"  tlic  first  part 
agrees  an<l  covenants  to  deliver  to  said  part}'  of  the  second  part,  or 
to  his  legal  representatives,  one-haU"  of  all  cotton,  and  one-third  of 
all  corn,  peas  and  potatoes,  and  one-fourth  of  all  wheat  and  oats 
eulti\ated,  grown  and  raised,  and  made  ready  foi-  market,  on  said 
farm  during  said  year,  being  the  product  of  the  labor  of  said  party 
of  the  second  part.  That  said  party  of  the  first  part  also  agrees  at 
all  times  to  furnish  snflicient  plough  team,  wagons  and  team,  and  all 
farm  implements  and  tools  requisite,  with  suitable  house  room  fur 
said  party  of  the  |sccond  part,  and  feed  for  the  teams  employed. 
And  the  said  party  of  the  first  part,  at  the  request  of  said  party  of 
the  second  part,  agrees,  for  the  purpose  of  assisting  liini  in  the  cul- 
tivation and  making  of  said  crops  during  said  year,  to  furnish  to 
said  party  of  the  second  part  provisions  sufficient  to  supply  himself 
and  fainilj',  at  cost  price?,  and  retains  hereby  for  the  payment  of  all 
supplies,  and  any  other  payments  made  for  said  i)arty  of  the  second 
part,  the  s|)ecial  first  lien  on  his  share  of  crops. 

And  it  is  mutually  agieed,  that  if  the  said  party  of  the  sev.'0nd 
part  fails  to  comp'}'  with  the  conditions  of  this  contract,  in  giving 
his  whole  time  and  attention  to  the  cultivating  and  raising  and  pre- 
paring said  crops  for  market,  or  in  any  other  respect,  it  subjects 
him  to  such  reasonable  damages,  to  be  assessed  by  three  disinter- 
ested arbitrators  to  be  selected  by  the  parties  thereto,  and  to  be 
charged  for  loss  of  time,  at  labor  rates. 

Given  under  our  'hands  and  seals,  the  d;ty  and  year  first  abovt; 
written.  A.  B.   [seal.] 

C.  D.  [seal.] 

Note. — If  a  farmer  rents  land  for  a  money  consideration,  his  best  plan  is 
to  take  a  deed  of  trust  on  the  crop  and  personal  property. 


No.    271.— AGREEMENT  FOR  RAISING  MONEY  TO  BUILD 
A  CHURCH  OR  OTHER  BUILDING. 

We,  the  undersigned,  do  hereby  severally  promise  and  agree  to 

])ay  or  deliver  to  A.  B.,C.  D.  and  E.  F.,  the  trustees  of church, 

known   as    church,  in    ....    count}-,  the   sums  of   raone}',  or 

lumber  and  materials,  set  opposite  to  oar  res[)ective  names,  on 
demauLl,  for  the  purpose  of  building  a  church,  or  place  of  worship 
for  the  said  societ}',  in  said  county;  and  we  request  the  said  trustees 
to  contract  for  the  building  of  such  church  or  place  of  worship, 
and  to  build  the  same,  and  to  apply  the  sums  of  money  and  lurauer 
and  material,  hereto  subscribed,  in  payment  therefor  and  comple- 
tion thereof. 

Witness  our  hands  this  day  of  18.... 

NAMES.  SUUSCniPTION. 

J.  II SIO  00 

W.  P 30  00 

S.  D 1,000  feet  lumber. 


136  Miscellaneous  Forms.. 

No.  27:>.— MARRIAGE  CERE:\I0NY  FOR  JUSTICE. 

Note. — I  am  induced  to  add  the  following  from  the  memory  of  a  trans- 
action in  my  own  experience,  many  years  ago,  when  called  upon,  in  my 
official  capacity,  to  unite  in  the  bonds  of  wedlock  two  willing  souls.  The 
teat  was  performed,  but  how,  I  have  never  exactly  known  to  this  day. 

[The  man  standing  on  the  right  hand  and  the  woman  on  the  left, 
the  Justice  will  approach  and  &ay:J 

We  are  gathered  here  in  the  sight  of  God,  and  this  company,  to 
join  together  this  man  and  this  woman  in  holy  matrimony.  It"  any 
one  liere  can  show  just  cause  why  they  may  not  be  lawfully  joined 
together,  let  them  bow  speak. 

[Here  let  the  Justice,  joining  the  right  hands  of  the  two,  con- 
tinue:] 

A.  li.,  will  you  have  this  woman  to  tliy  wedded  wife,  to  live 
together  after  God's  ordinance  and  the  law  in  the  holy  estate  of 
matrimony?  Will  you  love  her,  comfort  her,  honor,  and  keep  her 
in  sickness  and  in  health,  and,  forsaking  all  others,  kec})  only  unto 
lier,  so  long  as  you  both  shall  live? 

[The  man  will  answer,  I  will,] 

C.  D.,  will  you  have  this  man  to  thy  wedded  husband,  tu  live 
together  after  Go  I's  ordinance  and.  the  law  in  the  holy  estate  of 
matrimony?  Will  you  obey  him,  ancl  serve  him,  love,  honor  and 
keep  liiin  in  sickness  and  in  health,  and,  forsaking  all  others,  keep 
only  unto  him,  so  long  as  you  both  shall  live?^ 

(Tlie  woman  will  answer,  I  will.] 

Forasmuch,  therefor,  as  A.  B.  and  C.  D.,  here  standing,  have  con- 
sented together  in  holy  wedlock,  and  have  wituesseth  the  same 
before  God  and  this  company,  by  virtue  of  the  authority  which  I 
hold  in  ray  hand,  I  pronounce  that  they  are  legally  man  and  wife. 

[The  Justice  can,  and  very  appropriately,  a(ld:1 

May  you  be,  my  friends,  help-meets  of  each  other,  indeed,  in  all 
things,  but  especially  the  hel[)ers  of  each  other's  faith  and  joy.  If 
you  are  true  Christians,  your  habitation  will  not  be  desolate,  but 
will  be  the  dwelling  of  holiness,  love  and  peace.  Ma}'  the  God  of 
our  fathers  be  your  God,  and  may  you  live  as  fellow  heirs  of  life, 
and  at  last  dwell  together  in  the  land  where  they  neither  marry  nor 
are  given  in  marriage. 


JUSTICE  OF  THE  PEACE. 


AS  A  CIVIL  COURT. 


[from  revised  code  and  suusequknt  acts  of  the  legislature.] 

ELECTION  AND  QUALIFICATION. 

§  1290.  There  shall  be  chosen  tit  the  next  general  election,  and 
biennially  thereafter,  by  the  qualified  electors  of  each  district,  two 
Justices  "of  the  Peace,  who  shall  be  commissioned  by  the  Governor, 
and  shall  hold  their  oflices  for  the  term  of  two  years,  and  until  their 
successors  are  qualified;  and  in  case  there  be  a  tie  between  the  two 
highest  voted  lor,  the  President  of  the  P,o:u'd  of  Supervisors  shall 
immediately  determima  said  election  by  l^t. 

JJ  1297.  'The  districts  in  each  county,  for  the  election  of  Justices 
of^hc  Peace,  shall  be  the  same  as  those  laid  ofi"  for  the  election  of 
members  of  the  Poard  of  Supervisors,  except  when  otherwise  di- 
lected  l)y  said  Board,  or  by  law. 

§  1298.  Every  person  elected  a  Justice  of  the  Peace  shall,  before 
he  enters  on  the  duties  of  the  office,  take  the  oiith  of  office,  and 
enter  into  bond,  in  the  same  manner  as  other  county  ofllcers,  in  the 
penalty  of  two  thousand  dollars,  conditioned  tliat  he  will  well  and 
truly  perform  the  duties  of  his  otlice,  and  pay  over  all  moneys  col- 
lected by  him,  or  which  may  come  into  his  hands  by  virtue  of  liis 
said  office,  to  the  party  or  parties  entitled  to  receive  the  same  ;  and 
and  any  party  interested  may  proceed  on  such  bond,  in  a  summary 
way,  by  motion,  in  any  court  having  jurisdiction  of  the  same,  against 
the  principal  and  sureties,  upon  giving  ten  days'  previous  notice; 
provided,  that  the  Boards  of  Sui)ervisors  of  the  respective  counties, 
shall  have  power  to  limit  the  penalty  of  said  bonds,  to  a  sum  not 
less  than  one  thousand  dollars.     (Forms  L  and  2  ) 


VACANCIES,  CHANGE  OF  VENUS  AND  CONTESTED  ELECTIONS. 
§  1340.  Whenever  the  olllee  of  Justice  of  the  Peace,  in  any 
county,  is  vacant,  suit  may  be  l)rought  before  any  Justice  of  an 
adjoining  district;  and  whenever,  by  reason  of  interest  or  other 
cause,  ally  Justice  of  the  Peace  shall  be  incompetent  to  sit  in  any 
case  before  him,  the  same  shall  be  transferred  to  the  nearest  Justice 


138  Vacancies,  Contested  Elections. 

of  the   Peace,    free  from  such  ol)joction,  in  said  county,  wlio  shall 
have  and  determine  the  same. 

§  1301.  When  any  Justice  of  the  Peace  shall  remove  out  of  the 
district  for  which  he  was  or  shall  be  elected,  all  his  powers  as  such 
shall  cease  and  determine,  and -his  office  shall  become  vacant,  and 
the  vacancy  shall  be  filled,  as  provided  in  other  cases. 

§  1299.  In  case  a  vacancy  shall  happen  in  the  office  of  Justice  of 
the  Peace,  the  Board  of  Supervisors,  or  the  President  thereof  in  va- 
cation, shall  order  an  election  to  be  held  in  the  proper  district,  to 
fill  such  A'acancy,  not  more  than  twenty  days  after  the  date  of  such 
order,  and  shall  appoint  three  commissioners,  residents  of  the  dis- 
trict, to  hold  the  same,  and  receive  and  count  the  votes,  anj''  two  of 
whom  may  act,  having  first  taken  an  oath  to  conduct  the  same  fairl}' 
and  impartially,  and  to  make  due  return  thereof.  The  said  com- 
missioners shall  give  ten  days'  notice  of  the  time  and  place  of  hold- 
ing said  election,  by  posting  up  a  notii'e  in  three  or  more  public 
places  in  the  district,  and  shall  hold  the  same  at  the  ^regular  place 
of  holding  elections  in  such  district;  and  if  there  be  more  than  one 
such  place,  then  three  commissioners  shall  be  appointed  for  each 
precinct;  and  if  there  be  no  such  regular  place  of  holding  elections 
in  such  district,  then  at  such  public  place  therein  as  may  be  most 
convenient.  The  said  commissioners  shall  make  due  return  of  said 
election,  to  the  President  of  the  Board  of  Supervisors,  who,  at  the 
expiration  of  five  days  after  the  receipt  thereof,  shall  certify  and 
transmit  the  result  to  the  Governor,  and  shall  give  a  certificate  of 
election  to  the  person  having  the  highest  number  of  votes. 

§  1300.  Any  person  desiring  to  contest  such  election  shall, 
within  five  days  alter  the  return  thereof  as  aforesaid,  file  his  petition 
to  the  Board  of  Supervisors,  signed  by  at  least  ten  voters  of  the  dis- 
trict, setting  forth  the  particular  causes  for  which  said  election 
should  be  set  aside,  and  thereupon  a  special  meeting  of  said  Board 
shall  be  called,  if  necessary,  and  the  said  Board  shall  hear  the  allega- 
tions and  proofs  of  the  parties,  and  may  set  aside  the  election,  or 
declare  the  contestant  to  be  duly  elected;  and,  in  case  the  election 
shall  be  set  aside,  they  shall  immediately  order  a  new  election  to  be 
held  as  before:  2^^'ovkled,  the  part,y  whose  election  is  contested  shall 
have  ten  days'  notice  of  the  time  of  trial.  And  if  the  said  election 
be  confirmed,  it  shall  be  certified  to  the  Governor,  as  aforesaid. 

§  391.  Any  person  desiring  to  contest  the  election  of  any  peison 
returned  as  elected  to  an}'  office,  within  any  county  in. this  State, 
may,  within  twenty  days  after  the  election,  file  a  petition  before  any 
Justice  of  the  Peace,  of  such  county,  setting  forth  the  grounds  upon 
which  said  electio'i  is  contested;  and  tlie  Justice  shall,  thereupon, 
issue  a  summons  to  the  party  whose  election  is  contested,  rijturna- 
ble  instanter,  which  summons  shall  be  servetl  as  in  other  cases;  and 
the  Justice  shall  cause  an  issue  to  be  made  up  and  tried  by  a  jury, 
and  the  verdict  of  the  jury  shall  specify  the  person  having  the 
greatest  number  of  legal  votes,  at  such  election.  If  the  jury  shall 
find  against  the  person  returned  as  elected,  the  Justice  shall  issue  a 
certificate  thereof,  and  the  person  in  whose  favor  the  jury  shall  find, 


Jurisdiction  conferred  on  Mayors.       139 

shall  be  eoni'missione'l  l)y  the  Govenior;  and  each  party  shall  l)e 
allowcil  ten  pereni[)tory  challenges;  ami  in  case  the  election  of 
any  District  Attorney  be  contested,  the  petition  for  that  purpose 
may  be  liled  in  any  adjacent  county,  of  an  adjoining  district,  and 
like  proceeding  "shall  be  had  thereon,  as  in  the  case  of  county  oMI 
cers.  Either  party  shall  have  the  I'iglit  of  appeal  to  the  next  term 
of  the  circuit  court,  and  both  parties  shall  have  the  same  right  of 
challenge,  as  providtnl  in  this  section  tor  the  [)roceodings  in  the 
Justics'  Court. 

JUEISDICTION  CONFERRED  ON  MAYORS. 

An  Act  to  confer  upon  Mayors  of  incoriwratcd  towns  in  this  State  juris- 
diction as  Justices  of  the  Peace,  and  for  other  pui'poses. 

Section  1.  Be  it  enacted  by  t!;c  Legislature  of  the  State  of  Jlis- 
sissippi.  That  the  mayors  oL*  all  the  incorporated  towns  in  this  State 
be,  and  the}'  are  hcrel)y  made  ex-offi.cio  justices  of  the  peace,  and 
the  marshals  or  constables  of  said  towns,  be,  and  the}'  are  hereby 
made  ex  officio  constables  in  aivd  for  the  several  counties  in  this 
State,  in  which  their  respective  towns  are  situated,  and  said  officers, 
whether  herAofore  or  hereafter  elected,  shall  have,  and  exer:jise  the 
jurisdiction,  and  all  the  rights,  duties,  and  [)owers,  and  be  subject  to 
all  the  liabilities  of  justices  of  the  peace  and  constables,  respec- 
tivel}' ;  Prodded,  'i'hat  in  towns  where  the  mayors  and  constables, 
or  marshal,  have  not  been  heretofore  clothed  with  the  jurisdiction 
and  powers  herein  conferred  upon  them,  said  oflicers  shall,  and  also, 
such  officers  in  all  towns  now  possessing  the  jurisdiction  and  powers 
herein  conferred,  where  no  bonds  have  been  given,  execute  bonds 
to  be  approved,  in  the  same  maiiner  and  similar  in  all  respects  to 
those  required  by  law  to  be  given  by  justices  of  the  peace  and  con- 
stables, and  the  powers  and  jurisdiction  herein  conferred,  shall  not 
be  exercised  until  said  bonds  have  been  given  ;  Provided,  That  the 
provisions  of  this  Act  shall  not  appl\'  to  cities  or  towns  of  five 
thousand  inhabitants  or  more. 

Sec.  2.  Be  it  further  enacted,  'I'hat  this  Act  take  effect  and  be  in 
force  from  and  after  its  passage. 

By  limitation,  March  'Id,  1876. 


An  Act  to  compel   offenders  against   town  or  city  ordinances,   to  work  out 
their  fines  upon  the  streets,  and  for  other  purposes. 

Sectiox  1.  Be  it  eriacted  by  the  Legislature  of  the  State  of  ]Mis- 
sissip[>i.  That  the  mayor  of  any  incorporated  town  or  city,  be  anil 
he  is  hereby  authorized  and  empowered  to  compel  offenders  against 
town  or  city  ordinances,  wdio  are  unable,  or  \Vilfully  i-efuses  to  pay 
their  fines,  to  work  out  the  same,  upon  the  streets,  or  anv  public 
works  within  the  town  or  city  in  which  said  offense  or  offenses  were 
committed  ;  Provided,  The  mayor  and  selectmen  of  such  incor- 
porated city  or  town,  shall  fix  the  amount  to  be  allowed  for  each 
day's  work. 

Sec.  2.  Be  it  further  enacted,  That  the  mayor  of  an}' incorporated 


liO  Civil  Jurisdiction — Practice. 

town  or  city  shall  release  such  offender  upon  satisfactory  proof  that 
he  has  worked  out  such  fine. 
By  limitation,  March  31,  1876. 


*'  CIVZL    JT7&I5DICTZ0N. 

§  1302.  Justices  of  the  peace  shall  have  jurisdiction  of  all  actions 
for  the  recovery  of  debts  or  damages,  or  personal  property,  where 
the  principal  of  the  debt,  the  amount  of  the  demand,  or  the  value 
of  the  property  sought  to  be  recovered,  shall  not  exceed  one  hundred 
and  fifty  dollars. 

,S'  1303.  The  jurisdiction  of  ever^'  justice  of  the  peace  shall  be 
coextensive  with  his  county,  and  he  may  issue  any  process  in  matters 
within  his  jurisdiction,  to  oe  executed  in  any  part  of  his  county, 
but  every  freeholder  or  householder  of  the  county  shall  be  sued  in 
the  district  in  which  he  resides,  if  there  be  a  justice  acting  therein, 
and  qualified  to  try  such  suit,  or  in  the  district  in  which  the  debt 
was  contracted,  the  liability  incurred,  or  in  which  the  proj^erty  may 
be  found. 


§  1305.  Any  one  desiring  to  sue  before  a  justice  of  the  peace 
shall  lodge  with  him  the  evidence  of  debt,  statement  of  account,  or 
other  written  statement  of  the  cause  of  action,  and  thereupon  the 
justice  of  the  peace  shall  issue  a  summons  for  the  defendant, 
returnable  to  the  next  term  of  the  court  of  said  justice  of  the 
peace,  which  shall  be  execated  five  days  before  the  return  day 
thereof;  and  an\-  summons  issued  within  five  days  before  its  return 
day.  shall  be  made  returnaVjle  to  the  next  succeeding  term  of  the 
court  after  that  to  be  held  within  five  days.     (Forms  3,  4.) 

§  1306.  The  defendant  in  any  such  action  shall,  on  or  before  the 
return  day  of  the  summons,  and  before  the  trial  of  the  case,  file 
with  the  justice  of  the  peace  the  evidence  of  debt,  statement  of 
account,  or  other  written  statement  of  the  claim  which  he  may 
<lesire  to  set  off  against  the  demand  of  the  plaintifll  and  in  default 
thereof,  he  shall  not  be  permitted  to  use  it  on  the  trial. 

§  1307.  On  the  return  day  of  the  summons,  issued  as  aforesaid, 
the  justice,  before  whom  the  complaint  has  been  made,  shall  proceed 
to  hear  and  determine  the  same,  if  the  parties  appear;  give  judg- 
ment by  default,  if  the  defendant  fail  to  appear  and  contest  plain- 
tiff's demand,  or  judgment  of  non  suit  against  the  plaintiff  if  he 
fail  to  appear  and  prosecute  his  claim;  to  enter  judgment  in  favor 
of  the  defendant,  where,  in  cases  of  mutual  debts,  or  set  off,  it  shall 
appear  that  there  is  a  balance  due  him,  for  the  amount  of  such  bal- 
ance, and  issue  execution  against  the  goods  and  chattels,  lands  and 
tenements,  of  the  party  against  whom  judgment  is  rendered,  for  the 
amount  of  such  judgment  and  costs,  or  costs  alone,  as  the  case 
may  require,  returnable  to  the  first  terra  of  the  court  to  be  held 
more  tlian   twenty  days  after  the  rendition  of  the  judgment,  and 


Practice  in  Civil  Cases.  141 

such  execution  sli;ill  conUiiiK,'  in  force  for  on*}  yaww,  without  i)C'ini^ 
renewed,  unless  sooner  salislied. 

^  1308.  Every  justice  of  tiie  i)eacc  siiall  keep  a  wcllltound  l»ooiv, 
styled  '-a  docket,"  in  which  he  shall  enter  in  full  the  names  of  the 
plaintilTs  and  defendants  in  ajiy  suit  brought  before  him,  the  nature 
of  the  suit  or  action,  and  the  sum  demanded,  the  time  of  issuing 
process,  and  when  returnable,  and  the  return  made  thereon  by  the 
officer,  the  time  of  filing  the  plaintitl's  demand,  and  the  defendant's 
set  oli',  the  names  of  witnesses  sworn,  the  date  and  amount  of  the 
judgment,  the  execution,  when  issued  and  the  return  thereon,  the 
appeal,  when  and  by  whom  demanded,  and  all  the  proceedings  before 
him  had  to;:ching  the  said  suit;  and  he  shall  make  like  entries  of 
all  proceedings  of  a  ci-iminal  nature  before  him  licard  and  di'ter- 
niined;  and  it  shall  Ite  the  duly  <>f  such  justice,  when  ix^piired,  to 
grant  to  either  party  a  certilied  copy  i)(  sucli  proecedings,  and  of  all 
papers  and  process  relating  thereto. 

§  1309.  Justices  of  the  peace  shall  hold  regular  terms  of  their 
courts  at  such  times  as  they,  or  cither,  may  appoint,  not  exceeding- 
two,  and  not  less  than  one  in  ever}'  month,  and  at  such  convenient 
place  in  their  districts  as  the}',  or  either,  may  designats;  and  they 
"may  continue  to  hold  their  courts  from  day  to  da}',  so  lone-  as  busi- 
ness may  require,  and  all  process  shall  be  returnable,  and  all  trials 
shall  take  jdace  at  such  regular  terms;  j^i'ovided,  that  Avhere  the 
plaintiff  or  defendant,  or  both,  are  non-resident  or  transient  persons, 
and  it  ehall  be  shown,  by  the  oath  of  either  party,  that  a  delay  of 
the  trial  until  the  regular  term  would  be  of  material  injury  to  "him, 
it  shall  be  lawful  for  the  justice  to  have  the  parties  brought  before 
him  at  any  reasonable  time,  and  hear  .the  evidence  and  give  jud*'-- 
ment.  Such  court  shall  be  a  court  of  record,  with  all  the  power 
incident  to  a  court  of  record,  including  power  to  fine,  to  the  extent 
of  fifty  dollars,  and  imprison  one  da}'  lor  contempt  of  court. 

gl312.  The  justices  of  the  peace,  in  their  respective  districts, 
may  sit  together  in  holding  their  courts,  but  any  one  may  hold  his 
court  by  himself,  at  any  point  in  his  district  which  he  may  desig- 
nate. In  case  of  disagreement  between  them,  as  to  the  decision  of 
a  case,  the  Justice  who  issued.the  process  shall  decirle. 

§  131G.  When  any  suit  brought  before  a  justice  of  the  peace 
shall  be  finally  decided  on  its  merits  by  such  justice,  it  shall  be  a 
bar  to  a  recovery  for  tiie  same  cause  of  action  or  set-off  before  any 
other  justice  of  the  peace  or  other  court;  and  a  transcript  of  the 
record  of  such  judgment  shall  be  suflicicnt  evidence  to  bar  such 
second  recovery, 

§  1320.  In  all  suits  or  proceedings  against  two  or  more  defend- 
ants jointly,  or  jointly  and  severally,  liable,  it  shall  be  lawful  to 
bring  such  suit  before  any  justice  of  the  peace  of  the  district 
wherein  either  of  the  defendants  shall  reside;  and  such  justice 
shall  have  power,  and  he  is  hereby  authorized,  to  issue  a  summons, 
or  other  process,  to  bring  in  all  co  defendants  from  any  other  dis- 
trict in  the  county  where  the  suit  is  brought,  or  from  any  other 
county  in  this  State;  and  upon  service  of  process,  as  required  in 


1^*2  Fractice  in  Civil  Cases. 

other  cases  before  justices  of  the  •■ace,  the  jiisjc-e,  before  whom 
the  suit  is  pending,  shall  have  full  jurisdiction,  as  to  all  of  the 
defendants,  in  as  full  and  ample  a  manner  as  in  cases  where  all  the 
defendants  reside  wiihin  the  district  where  suit  is  brought;  and  if 
the  process  of  such  co-defendants  be  ilot  returned  executed,  it  shall 
be  lawful  lor  the  plaintiff  to  disinis.s  his  uetiun  as  to  such  co- 
defendants. 

§  1321.  Proceedings  in  replevin,  attachment,  and  for  the  enforce- 
ment of  mechanics'  lien's,  before  justices  of  the  peace,  shall  be,  as 
far  as  practicable,  according  to  those  in  the  circuit  court  in  like 
cases. 

§  580.  When  an  open  account  is  sued  on,  there  shall  be  filed 
with  the  declaration,  before  process  issues,  an  itemized  copy  of  the 
account  sought  to  be  recovered;  and  if  this  be  not  done,  plaintiff 
shall  not  be  permitted  to  give  evidence  in  support  thereof. 

§  782.  \\\y  person  desiring  to  institute  suit  upon  any  open 
account  in  an}'  court  of  this  State  having  jurisdiction  of  the  amount, 
may  go  before  any  justice  of  the  peace  of  this  State,  or  an}'  other 
State,  or  the  United  States,  authorized  by  law  to  administer  oaths, 
and  make  affidavit  to  the  correctness  of  such  account,  and  that  it 
is  due  from  the  party  against  whom  it  is  charged;  and  in  any  suit 
upon  such  an  account  thus  sworn  to.  the  affidavit  of  the  plaintiff,  or 
the  party  in  whose  favor  the  account  is  stated,  or  his  agent, 
made  as  aforesaid,  and  attached  to  the  account,  shall  be  prima  facie 
evidence  of  the  correctness  of  the  account  and  indebtedness  of  the 
defendant  against  whom  the  service  is  charged,  and  shall  entitle  the 
plaintiff"  to  judgment  at  the  trial  term  of  the  suit,  unless  the  defend- 
ant shall  make  affidavit  and  file  with  his  plea  that  the  account  is 
not  correct,  in  which  event  the  affidavit  to  the  account  shall  not  be 
evidence,  except  to  entitle  the  plaintiff  to  judgment  for  such  part 
of  said  account  as  the  defendant,  hy  his  affidavit,  ma}-  admit  to  be 
due.  A  general  denial  in  the  counter  affidavit  of  the  defendant 
to  the  correctness  of  the  account,  sued  on,  shall  be  insufficient  to 
put  the  plaintiff  to  the  proof  of  the  same,^but  said  account  shall  be 
treated  as  proved  on  the  trial,  except  as  to  the  pa'-ticular  items  of 
indebtedness,  the  correctnessand  validity  of  whicli  are  specified  and 
described  in  the  counter  affidavit  of  the  defendant;  promded,  That 
this  shall  not  ajiply  to  accounts  against  decedents  and  suits  against 
executors  or  administrators.     (Forms  5  and  6.) 

;<  GOl.  When  a  mutual  indebtedness  shall  exist  between  the 
l)laintiff  and  defendant,  the  defendant  may  plead  payment,  and  may 
prove  and  set  off  against  the  demand  of  the  plaintiff,  any  debt,  or 
demand,  which  he^may  have  against  the  plaintiff";  and  if  it  shall 
appearthat  the  demand  of  the  defendant  equals  the  demand  of  the 
l)laintiff",  the  jury  shall  find  for  the  defendant,  and  judgment  shall 
be  entered  that  the  plaintiff  take  nothing  by  his  writ,  and  shall  pay 
the  costs.  And  if  it  appear  that  any  part  of  the  sum  demanded  has 
been  paid,  but  that  the  plaintiff's  demand  exceeds  that  of  the 
defendant,  the  amount  paid  shall  be  deducted  and  the  plaintiff  shall 
have  judgment  for  the  residue  of  his  demand  only,  with  costs  of 


Frcictice  in  Civil  Cases.  143 

suit.  But  if  it  ;ip])G:ir  tu  the  jury  tliat  the  plaintiff  is  overpaid,  and 
is  indebted  to  the  dt'lencUmt,  tliey  sliall  give  in  their  vcrdiet  for  the 
defendant  for  the  amount  due  him,  and,  thereupon,  judgment  shall 
be  entered  up  against  the  plaintilf,  in  favor  of  the  defendant  for  the 
amount  so  found,  with  costs,  and  execution  may  issue  tlierefor. 

§'602.  Where  tiiore  siiall  iiave  been  mutual  dealings  bi-twccn  two 
or  more  persons,  and  one  or  more  of  them  shall  die  l)cfore  an  ad- 
justment of  such  dealings,  the  lawful  demands  of  such  persons 
against  each  other,  shall  be  a  good  payment,  or  set-off,  to  the  amount 
thereof,  notwithstanding  the  estate  of  one  or  more  of  such  deceased 
persons  shall  be  insolvent,  and  only  the  balance  (\v\q  shall  be  the 
debt. 

§  603.  In  all  actions  for  the  recovery  of  any  debt  or  demand, 
alleged  to  be  due  by  the  defendant  to  the  plaintiff,  it  shall  be  lawful 
for  the  defendant  to  plead  payment  of  tlie  money  demanded,  at  or 
after  the  time  when  the  same  became  due,  or  at  any  time  before 
action  brought;  and  under  such  plea,  to  prove  an^-  payments  that 
have  been  made,  in  part  or  in  full  of  the  sum  demanded. 

§  604.  If  the  delendar.t  shall  plead,  or  give  notice  of  any  set-off", 
or  shall  desire  to  prove  any  pa\-ment,  or  set-off,  under  his  yilea  of 
pa^'ment,  he  shall  file  with  his  plea,  an  account,  stating  distinctl}^  the 
nature  of  the  payment  or  set-off,  and  the  several  items  thereof,  and 
a  copy  of  anj^  writing  intended  to  be  set-off";  and  on  failure  to  do 
so,  he  shall  not  be  entitled  to  prove,  on  the  trial,  such  payment  or 
setoff". 

§  605.  In  actions  founded  on  any  sealed  instrument,  the  defend- 
ant ma}',  by  a  special  i)lea,  impeach  the  consideration  t.iereof,  in  the 
same  manner  as  if  such  writing  had  not  been  sealed. 

§  621.  The  court  shall  have  full  ])0wer  and  authorit}'  to  allow  all 
amendments  to  be  made  in  any  pleading,  or  procedure,  at  anv'  time 
before  verdict,  so  as  to  bring  the  merits  of  the  controversy  between 
the  parties,  fairly  to  trial,  and  may  allow  all  errors  and  mistakes,  in 
the  name  of  any  party,  or  in  the  form  of  the  action,  to  be  corrected; 
and  the  court  shall  require  all  such  amendments  to  be  made  on  such 
terms,  as  to  costs  and  delay,  as  may  seem  proper,  to  prevent  surprise 
or  undue  advantage.  Either  party  may  except  to  the  decision  of 
the  court,  allowing  or  refusing  amendments,  and  the  same  may  be 
assigned  for  error. 

§  625.  If  in  detinue  the  verdict  shall  omit  price  or  value,  the 
court  ma}-,  at  any  time,  award  a  writ  of  inquiry  to  ascertain  the 
same.  If,  on  an  issue  concei'ning  several  things  in  one  count  in 
detinue,  no  verdict  be  found  for  pai't  of  them,  it  shall  not  be  error, 
but  the  plaintiff  shall  be  barred  of  ids  title  to  the  things  omitted. 

§  627.  When,  in  the  I'ccord  of  any  judgment  or  decree  of  any 
court  of  law  or  equity,  there  shall  be  any  mistake,  miscalculation, 
or  misrecital  of  any  sum  of  money,  quantity  of  merchandise,  or 
other  thing,  or  of  any  name,  and  there  shall  be  among  the  records 
of  the  proceedings  in  the  suit,  in  which  such  judgment  or  decree 
shall  be  rendered,  any  verdict,  bond,  bill,  note,  or  other  writing  of 
the  like  nature  or  kind,  whereby  such  judgment  or  decree  may  be 


144  Fractice  in  Civil  Cases. 

safoly  ainendcnl,  it  shall  be  the  duty  of  the  court  \\\  wliich  such 
iudg-incnt  shall  be  rendered,  ami  of  the  Judge  tho'eof,  in  vacation, 
to  amend  such  judgment  or  decree  thereby,  according  to  the  very 
truth  and  justice  of  the  case;  Provided,  The  opposite  party  shall 
have  had  reasonable  notice  of  the  application  for  such  amendment  ; 
and  if  the  transcript  of  such  judgment  or  decree,  at  the  time  of  such 
amendment,  or  at  any  time  thereafter,  shall  be  removed  to  the  su- 
preme court,  it  shall  be  the  duty  of  that  court,  upon  the  inspec- 
tion of  such  amended  record  (to  be  brought  before  it  by  certiorari, 
.if  need  be,)  to  affirm  such  judgment,  if  there  be  no  other  error 
apparent  on  such  record. 

g  628.  When  any  bond,  taken  l)y  virtue  of  any  process  or  order, 
by  miscalculation  or  mistake,  shall  be  conditioned  lor  the  payment 
of  a  larger  sum  of  mone}  than  by  law  ought  to  have  been  required 
therebv,  or  where  a  verdict  shall  be  rendered  for  more  damages  than 
the  plaintiff  shall  have  demanded  by  his  suit,  and  judgment  shall  be 
rendered  accordingly,  it  shall  be  lawful  for  the  plaintiff,  at  the  same 
or  any  future  term  of  the  court,  to  release,  in  open  court,  any  such 
excess  ;  or  he  may,  in  vacation,  release  the  same,  in  writing  under 
his  hand,  and  filed  among  trie  papers  of  the  cause  ;  and  such  release 
shall  cure  any  error  growing  out  of  such  excess. 

§  632.  No  judgment  by  default  shall  be  entered  at  the  return 
term,  when  it  shall  appear  that  the  process  has  not  been  served  per- 
sonally on  the  defendant. 

g  633.  In  all  applications  for  a  continuance,  the  party  shall  set 
forth  in  his  affidavit  the  facts  which  he  expects  to  prove  by  his 
absent  witness  or  testimony,  that  the  court  may  judge  of  their 
materiality. 

§  634.  "^In  civil  suits,  each  party  may  challenge  peremptorily  four 
of  the  juror?,  and  as  many  more  as  they  can  show  cause  for. 

§  63o.  Whenever  there  shall  be  a  deficiency  cf  jurors,  the  sheriff; 
or' other  officer,  shall,  by  order  of  the  court,  summon  a  sufficient 
number  of  qualified  by-standers,  or  others,  to  complete  the  panel; 
but  in  case  the  sheriff,  or  other  ofticer,  be  interested,  or  related  to 
either  of  the  parties,  or  not  impartial,  or  for  other  good  cause,  the 
court  may  appoint  any  disinterested  person  to  summon  and  return 
such  by-standers  or  others.  The  court  may  fine,  in  a  sum  not 
exceeding  tliirty  dollars,  any  person  summoned  as  a  talesman,  who 
shall  not  appear,  or  who  being  present  when  he  is  called,  does  not 
appear  in  court,  or  who,  after  appearance,  wilfully  withdraws  him- 
self during  the  day. 

§  636.     A  jury   de  medictitate  Ungues  may  be  directed  and  sum- 
moned whenever,  in  the  opinion  of  the  court,  it  may  be  necessary. 
§  637.     Jurors  knowing  anything  relative  to  the  point  in  issue, 
shall  disclose  the  same,  on  oath  or  affirmation,  in  open  court. 

§  638.  No  sheriff  or  other  officer  shall  converse  Avith  a  juror,  but 
by  order  of  the  court,  after  the  jury  have  retired  from  the  bar. 

§  639.     All  papers  read   in   evidence  on  the   trial  of  any  cause, 
though  not  under  seal,  may  be  carried  from  the  bar  by  tlje  jury. 
§  640.     Interpreters  may  be  sworn,  truly  to  interpret,  when  neces- 


Practice  in  Civil  Cases.  ^•^•y 

-sarv;  and  in  criminal  cases  the  court  ma}'  appoint  siicli  interpreter, 
and  allow  liim  a  reasonable  compensation,  not  exceeding  live  dollars 
per  day,  i)ayable  out  of  the  State  treasury. 

§641.  lOvcry  plaintilf  desiring  to  'siilfor  a  non-suit  on  trial  shall 
V)c  barred  therefrom,  unless  he  do  so  before  tiie  jury  retire  from  tli<! 
bar. 

§  642.  The  plaintiff  may  sutler  a  non-suit,  or  dismiss  any  cause, 
before  the  clerk  in  vacation,  on  paying  all  costs  that  have  accrued; 
and  the  clerk  shall  enter  on  the  writ  or  declaration  tUc  disposition 
made  of  the  same,  with  the  date;  and  where  the  i)laintilf  has 
received  satisfaction  of  the  cause  of  action,  he  shall,  b}^  himself  or 
his  attorney,  enter  such  satisfaction  on  the  writ  or  declaration,  and 
sign  the  same;  and  such  entry  of  satisfaction  shall  be  a  bar  to  any. 
suit  brought  thereafter  for  the  same  cause  of  action  ;  and  where  tlie 
plaintiff  suffers  a  non-suit,  or  dismisses  his  suit,  without  having 
received  satisfaction,  he  shall  stand  in  the  same  situation  as  though 
he  had  never  instituted  such  suit;  'prodded,  that  this  section  shall 
not  extend  to  cases  in  which  the  detenda.it  has  filed  or  pleaded  any 
setoff  or  payment,  unless  b}'  consent  of  such  defendant. 

§  652.  All  or  any  of  the  issues  o.f  an  action,  whether  of  fact  or 
law,  may  be  referred  to  one  or  more  referees,  not  exceeding  three, 
upon  the  consent  of  the  parties. 

§655,  Referees  appointed  under  this  act  shall  have  uower  to 
administer  oaths,  and  to  issue  subpcenas  for  all  witnesses,  and  to 
compel  their  attendance. 

§  65S.  In  an  action  against  a  sheriff  or  other  officer,  for  the  re- 
covery of  property  taken  under  an  execution  or  attachment,  and 
replevied  bv  the  plaintiff  in  such  action,  the  court  may,  on  applica- 
tion of  the  defendant,  and  of  tiie  party  in  whose  favor  the  execution 
r,r  attachment  issued,  permit  the  latter  to  be  substituted  as  de- 
fendant, security  for  costs  being  given  if  required. 

g  659.     If  the  plaintiff  in  such  execution  or  attachment,  be  a  non 
resident  of  the  State,  the  summons  may  be  served  on   his  attorney, 
and  shall  have  the  same  effect  as  if  served  personally  on  the  party. 

§  660.  Tlie  defendant  in  any  personal  action,  except  actions  for 
assault  and  battery,  false  imprisonment,  libel,  slander,  nialicieus 
arrest  and  prosecution,  criminal  conversation,  or  debauching  the 
plaintiff's  daughter  or  servant,  may  offer  with  his  plea,  or  in  writing 
afterwards  before  trial,  and  pay  into  court,  a  sum  of  money  by  way 
of  compensation  or  amends,  and  maj'  plead  that  the  sum  is  sufficient 
to  satisfy  the  plaintiff  in  respect  to  the  cause  of  action  in  the  decla- 
ration mentioned.  If  the  plaintiff  accept  the  same,  judgment  shall 
be  entered  therefor  with  costs.  If  he  fails  to  accept  the  same,  the 
offer  shall  be  considered  withdrawn,  and  shall  not  be  given  in  evi- 
dence; and  if  the  plaintiff  fail  to  recover  more  than  the  sum  so 
offered,  he  shall  pay  all  the  costs  accruing  after  such  offer. 

§  661.     In  all    actions  in  which   the    right  to  real  estate,  or  to 

goods   and    chattels,    is     in  controvert',     the  court,    or   the  judge 

thereof,  may   make   an   order  for  the  protection  ot  the  in-op..Mty  in 

controversv,  from  waste,  destruction,  or  removal  bevond  the  juris- 

10    ' 


146  Practice  in  Civil  Cases. 

diction  of  the  court,  upon  satisfactory  proof  being  made  of  the  ne- 
cessity of  such  order,  and  ma}'  enforce  such  order  by  an  attachment 
for  contempt. 

§669.  In  any  case  where  such  persons,  as  be  witliin  age,  may 
have  cause  of  action,  their  next  friend  shall  be  admitted  to  sue  for 
them,  and  such  next  friend  shall  be  liable  for  the  costs. 

§  670.  The  assignee  of  any  chose  in  action,  may  sue  for  and 
recover  the  same,  in  his  own  name,  if  the  assignment  be  in  writing; 
and  in  case  where  the  assignment  is  not  in  writing,  and  the  original 
payee  i§  dead,  and  there  is  no  executor  or  administrator  of  the 
estate,  suit  may  be  brought  in  the  name  of  the  assignee.  In  case 
of  a  transfer  of  interest  after  ?uit  brought,  the  action  shall  be  con- 
tinued in  the  name  of  the  original  party,  or  the  court  may  allow  the 
person  to  whom  the  transfer  is  made,  to  be  substituted  in  the  action. 
iNO  set-oli'  or  other  defense  existing  at  the  time  of,  or  before,  notice 
of  the  assignment,  shall  be  prejudiced  thereby. 

§  677.  When  either  of  the  parties  to  any  suit  shall  die  before 
judgment,  the  executor  or  administrator  of  such  deceased  party, 
plaintiff  or  defendant,  shall  have  full  powei',  in  case  the  cause  of 
action  by  law  survives,  to  prosecute  or  defend  such  suit  of  action 
to  final  judgment,  and  the  court  shall  render  final  judgment  for  or 
against  such  executor  or  administrator,  in  the  same  manner  as  if 
the  original  party  to  the  suit  or  action  were  in  existence;  and  if 
such  executor  or  administrator,  having  been  dul}'  served  with  a 
scire  facias,  or  citation,  five  days  before  the  meeting  of  the  court, 
shall  neglect  or  refuse  to  become  a  party  to  the  suit,  the  court  may 
proceed  to  render  judgment  against  him  in  the  same  manner  as  if 
such  executor  had  voluntarily  made  himself  a  party  to  the  suit; 
and  the  executor  or  administrator,  who  shall  become  a  yjarty  as 
aforesaid,  shall  be  entitled  to  a  continuance  of  the  cause  until  next 
term  of  the  court;  and  for  the  purpose  of  revival  under  any  section 
of  this  chapter,  the  suit  shall  be  considered  to  have  commenced 
and  been  depending,  from  the  time  of  the  filing  of  the  declara- 
tion, whether  the  writ  was  executed  befoi'e  the  death  of  the  deceased 
party  or  not. 

§.  678.  If  any  suit  shall  be  commenced  in  the  name  of  any  person, 
for  thg  use  and  benefit  of  another,  the  same  shall  not  abate  b}''  the 
death  "of  the  nominal  plaintifi',  but  shall  progress  to  final  judgment 
and  execution,  in  like  manner  as  if  brought  in  the  name  of  tlie 
person  for  whose  use  and  benefit  such  suit  was  instituted,  who  shall 
he  liable  for  the  costs  of  suit,  as  in  other  cases;  and,  in  case  a 
party  for  whose  use  and  iiencfit  a  suit  shall  be  brought  shall  die 
before  final  judgment,  it  shall  be  lawful  for  the  party  representing 
such  deceased  person,  as  executor  or  administrator,  to  be  entered  on 
the  records  and  papers  of  such  suit  in  the  place  of  such  deceased 
person. 

§  679.  If  there  be  two  or  more  plaintiffs  or  defendants  in  an)' 
suit,  and  one  or  more  of  them  should  die,  if  the  cause  of  action 
should  survive  to  the  surviving  plaintiff  or  plaintiffs,  or  against  the 
surviving  defendant  or  defendants,  the  suit  shall  proceed  in  the 


Practice  in  Civil  Cases.  147 

natiie  of  the  furvivinii-  i)i:iiiitiff  or  plaintiirs,  against  the  surviving 
defendant  or  defendantb;  and  where  either  party  shall  die  between 
verdict  and  judgment,  sucii  death  shall  not  be  suggested  in  abate- 
wient,  but  judgment  shall  be  entered  as  if  both  parties  were  living; 
and  if,  on  the  death  of  any  plaintitl",  in  actions  which  survive, 
before  verdict,  the  heir,  legatee  or  devisee,  executor,  administrator, 
or  other  legal  rei>resentaUYes  of  euch  deceased  party,  shall  not 
appear  and" become  a  jiarty  to  such  action,  on  or  before  the  second 
term  of  the  court  next  after  the  death  of  such  party  shall  have 
been  suggested  on  the  record,  such  action  shall  be  discontinued, 
unless  good  cause  be  shown  to  the  contrary. 

g  6S0.  When  judgment  shall  have  been  ren'Vred  against  two  or 
more  persons,  and  any  one  or  more  of  them  shall  die,  such  juilg- 
ment  shall  survive  as  well  against  the  representatives  of  the 
deceased  i)arties  as  against  the  survivor,  and  a  scire  facias  may 
issue  against  the  survivors,  jointly  with  the  representatives  of  the 
deceased  parties,  and  such  judgment  may  be  thereupon  revived, 
and  execution  issued  in  like  manner, 

g  6(S1.  In  all  suits  or  actions  by  husband  or  wife,  touching  the 
separate  property  of  the  wife,  or  wiiere  the  cause  of  action  survives 
to  the  wife,  it  the  husband  shall  die  pending  the  suit,  his  death 
shftll  be  suggested  on  record,  and  the  suit  or  action  shall  proceed  to 
judgment  in  the  name  of  the  wife.  In  case  the  wife  should  die 
pendiurr  the  suit,  if  the  cause  of  action  survives  to  the  husband,  her 
death  shall  be  suggested  on  the  record,  and  the  cause  shall  proceed 
in  the  name  of  tiie  husband;  and  if  the  cause  of  action  shall  not 
survive  to  the  husband,  but  to  the  representatives  of  the  wife,  then, 
on  suggestion  of  the  death  of  the  wife,  the  suit  shall  abate  as  to 
the  husband,  and  may  be  revived  and  prosecuted  in  the  name  of  the 
wife.  And  the  like  proceedings  shall  be  had  in  suits  against  hus- 
band and  wife,  so  far  as  they  may  be  applicable. 

§  i82.  In  like  manner,  judgments  in  favor  of  the  husband  and 
wife,  may  be  revived  in  favor  of  the  survivor,  or  the  representatives 
of  the  party  to  whom  the  cause  of  action  would  survive;  and,  in 
case  the  husband  or  wife  shall  die  after  judgment  against  them 
jointly,  such  judgment  shall  survive  as  well  against  the  representa- 
tives of  the  deceased,  as  against  the  survivor,  and  may  bg,  revived 
accordingly. 

§  686.  Any  Judge  of  a  Court  of  record,  in  this  State,  any  Clerk 
of' such  Court,  or  his  deputy,  any  member  of  the  Board  of  County 
Supervisors,  and  an}^  Justice  of  the  Peace,  or  Master  or  Commis- 
sioner in  Chancery, or  any  Sheriff,  is  authorized  to  administer  oaths 
and  afljrraations,  and  to  take  and  certify  affidavits,  whenever  the  same 
may  be  necessary  or  proper  in  any  proceedings  in  anj'-  Court,  or 
under  an}'  laws  of  this  State. 

§  687. "  In  all  cases  where  the  oath  or.affir.mation  of  the  party  is 
required,  such  oath  or  affirmation  may  be  made  by  his  agent  or  at- 
torney, and  shall  be  as  effectual  for  all  purposes  as  if  made  by  the 
party. 

§  303.     When  any  dispute  shall  arise,  respecting  the  right  of  a 


1^8  Practice  in  Civil  Cases. 

brand  or  mark,  either  party  may  apply  to  an}'  Justice  of  the  Peace 
of  the  county,  who  shall  summon  the  adverse  party  to  appear  before 
him,  on  a  certain  day  expressed  in  the  summons,  not  less  than  five 
.  nor  more  than  ten  days  from  the  date  thereof  ;  and  such  Justice 
sl^all  issue  process  for  witnesses,  directed  to  the  Sheriff  or  any  Con- 
stable of  the  county  ;  and  such  oflicer,  and  said  witnesses,  shall 
receive  the  same  fcjs,  and  be  liable  to  the  same  penalties,  ns  in  other 
cases  before  Justices  of  the  Peace  ;  the  Justice  shall  hear  the  case, 
and  give  judgment  thereon,  which  shall  be  conclusive  on  the  parties; 
and  a  transcript  thereof,  certified  by  said  Justice,  shall  be  sufficient 
authority  for  the  Clerk  to  record  said  brand  and  mark. 

§  1184.  No  suit  or  action  shall  be  brought  against  an}'  executor 
or  administrator,  in  such  capacity,  until  after  the  expiration  of  six 
Tuonths  from  the  date  of  the  letters  testamentary,  or  of  adminis- 
tration. 

§  17S3.  In  addition  to  the  remedies  now  existing  b}- the  common 
law,  b}'  and  against  married  women,  the  husband  and  wife  may  sue 
jointl}',  or,  if  the  husband  will  not  join  her,  she  may  sue  alone  for 
the  recovery  of  any  of  her  propert}^  or  rights  ;  and  she  may  be  sued 
jointly  with  her  husband,  on  all  contracts  or  other  matters  for  which 
her  individual  property  is  liable  ;  but  if  the  suit  be  against  husband 
and  wife,  no  judgment  shall  be  rendered  against  her,  unless  the  lia- 
bility of  her  separate  property  be  first  established  ;  and  in  case  of 
suits  against  husband  and  wife,  if  summons  for  the  husband  be 
returned,  "  not  found,"  the  suit  may  be  prosecuted  against  the  wife 
alone. 

§  1900.  All  contracts,  judgments,  securities,  or  conveyances  what- 
ever, made,  given,  granted,  entered  into,  or  executed,  at  an}'-  time, 
where  the  whole  or  any  part  of  the  consideration  or  foundation  of 
such  contrac^j,  judgment,  security,  or  conveyance,  shall  be  for  money 
or  any  other  valuable  thing  whatever,  won,  laid,  or  bet  at  any  game 
or  games  whatever,  or  any  horse  race,  cockfight,  or  any  other  anjuse- 
ment,  sport,  or  pastime,  or  on  any  other  wager  whatever,  or  for  the 
reimbursing  or  repaying  any  money  knowingly  lent  or  advanced  for 
the  purpose  of  such  gaming,  or  to  be  wagered  on  any  game,  play, 
horse  race,  cock  fight,  or  on  any  other  sport,  amusement,  pastime, 
or  wager^  whatever,  shall  be  utterly  void. 

^  1901.  Any  sale,  mortgage,  or  other  transfer  ®r  conveyance  of 
any  estate  or  interest,  real  or  personal,  to  any  person,  or  to  another 
for  his  use  or  benefit,  or  in  any  manner  to  satisfy  or  secure  money 
or  other  thing  won,  or  any  part  thereof,  or  to  secure  or  satisfy  any 
money  or  other  thing  lent  or  advanced  on  any  consideration,  foun- 
dation or  purpose  mentioned  in  the  last  section,  or  any  part  thereof, 
shall  inure  to  and  vest  in  the  wife  and  children  of  said  mortgagor, 
seller,  vendor,  bargainer  or  lessor,  the  whole  estate,  title  and  inter- 
est of  such  person  in  the  estate  or  interest,  real  or  personal,  so  sold, 
snortgaged,  bargained,  transferred,  or  otherwise  attempted  to  be 
conveyed,  as  though  such  person  had  died  intestate. 

§  1902.  If  any  person,  by  playing  at  any  game  whatever,  or  by 
betting  on  the  sides  or  hands  of  such  as  do  play  at  any  game,  or  by 


Practice  in  Civil  Cases.  1^^ 

betting  on  a,ny  hor.sc  raoo,  or  cock  light,  or  at  any  other  sport  or 
pastiino,  or  Ijy  any  wager  whutevei',  shall  lose  any  money,  property, 
or  other  valuable  thing,  real  or  personal,  and'  shall  pay  or  deliver 
the  same,  or  any  part  thereof,  the  person  so  losing  and  paying  or 
delivering  the  same,  may,  within  six  months  next  following,  sue  for 
and  recover  such  money,  property,  or  otlwr  valuable  thing,  so  lost 
and  paid  or  delivered,  or  any  part  thero-f,  from  the  person  knowirgly 
receiving  the  same,  with  costs,  before  any  court  having  jurisdiction 
thereof.  And  in  such  action,  it  shall  only  be  necessary  to  allege 
that  tlie  money  or  property  claimed  thereby  was  so  received  by  the 
defendant,  in  Violation  of  the  provisions  of  this  chapter,  without 
setting  forth  the  special  matter;  and  tlie  plaintitf  may,  under  such 
declaration,  give  ia  evidence  any  facts  or  circumstances  tending  to 
prove  such  violation,  and  recover  the  same,  or  the  value  thereof. 

§2254.  No  court  shall  permit  more  than  two  attorneys  to  argue 
on  any  one  side,  except  in  criminal  cases,  unless  good  cause  be 
shown  therefor. 

§  2255.  Any  notice  required  in  the  i)rogress  of  any  suit  or  .action, 
in  any  court  of  this  State,  shall  be  as  valid  and  effectual,  when 
served  on  the  attorney  or  solicitor  of  the  party  in  that  cause,  J^s  it 
served  on  the  party  himself. 

Sec.  2.  Be  it  further  enacted,  That  the  owner  ot  any  dog  found 
killing  sheep,  shall  be  held  responsible  for  all  losses  or  damages  oc- 
casioned by  such  dog,  so  killing  sheep,  to  be  recovered  before  any 
court  having  competent  jurisdiction.     [Act  ap.  Jan,  22,  1875.^ 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  hereafter,  whenever  any  suit  shall  have  been 
commenced  iu  any  court  of  law  or  equity,  in  this  State,  to  recover 
any  moneys,  public  fund,  propert}',  or  other  effects  belonging 
to  the  State,  any  county  or  school  fund,  by  any  officer,  commissioner 
or  trustee,  authorized  by  law  to  sue  for  and  recever  the  same,  the 
said  suit  shall  not  abate  on  account  of  the  death,  removal,  or  resig- 
nation of  said  officer,  commissioner  or  trustee,  but  the  same  may  bo 
revived,  and  prosecuted  to  judgment  in  the  name  of  the  successor  ot 
said  officer,  commissioner  or  trustee. 

Sec.  2.  Be  it  further  enacted,  That  for  the  purpose  of  revival 
under  this  Act,  the  suit  shall  be  considered  to  have  been  commenced 
and  been  pending  from  the  time  of  filing  of  the  declaration  or  bill, 
whether  the  writ  was  executed  before  the  vacancy  occurred  in  the 
office  or  trust  or  not. 

Sec.  3.  Be  it  further  enacted.  That  the  provisions  of  this  Act 
shall  apply  to  suits  now  pending,  and  which  have  been  revived,  in 
the  name  of  the  successor  of  any^oflicer,  commissioner  or  trustee, 
as  well  as  to  suits  hereafter  to  be  brought.  [Act  ap.  March  3, 1876. 
Sec.  2.  Be  it  further  enacted.  That  in  any  action  founded  on  any 
joint  and  several  bond,  covenant  or  other  contract,  or  oa  any 
promise,  contract,  or  liability  of  co-partner,  the  plaintili"  may  dis- 
continue his  suit,  before  verdict,  against  one  or  more  of  the  de- 
fendants, on  payment  of  the  costs  that  have  accrued  from  joining 
such  party  or  paVties,  in  the  suit;  that  in  all  such  actions  the  jury 


150  Decedents — Married  Women. 

may  reader  verdicts  against  some  of  the  defendants  and  in  I'avur  of 
otiiers,  as  the  evitieneo  raa}'-  require;  and  the  Court  shall  enter  the 
proper  judgments  anfl  vordiets  shall  not  be  reversed  or  set  aside  lor 
want  of  form.  New  trials  shall  be  granted  only  as  to  sucdi  defend- 
ants as  are  aggrieved,  by  the  verdiet;  and  final  judgment  shall  be 
entered  against  the  other  defendants  in  pursuance  of  such  verdict. 
That  in  all  such  actions  on  appeal  or  writ  of  error,  the  Supreme 
Court  may  reverse  such  judgment  as  to  one  or  more  of  siich  de- 
fendants and  affirm  as  to  others,  according  to  justice  and  the  merits 
of  the  case.     (Approved  , March  24,  1876.) 


Suits  Against  Estates  of  Decedents. 

Sectiox  1.  B3  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  in  all  suits  now  pending,  or  that  may  hereafter  be 
brought  against  an\'  executor  or  administrator,  in  any  of  the  courts 
of  this  State,  to  establish  any  claim,  debt  or  demand,  against  the 
estate  of  their  testator  or  intestate,  or  to  recover  an}--  property  be- 
longing theret<>,  it  shall  be.lawfnl  for  any  iieir  of  such  decedent,  or 
any  distributee  of  such  estate,  to  make  him  or  lierself  a  party  de- 
fendant to  sucii  suit  b)'-  motion,  and  shall  by  leave  of  the  court  be 
admitted  to  appear  and  defend  such  cause,  either  separately  or 
jointly  with  the  executor  or  administrator. 

Sec.  2.  Be  it  further  enacted,  If  tiie  finding  in  such  suit  shall  be 
for  the  plaintiflT,  judgment  shall  be.  rendered  against  the  executor 
or  administrator  alone,  to  be  levied  of  the  goods  and  chattels,  riglits 
and  credits  of  the  intestate  or  intcstator,  in  his  hands,  to  be  admiu- 
istered;  and  if  the  finding  sliall  be  in  favor  of  the  pariy  admitted  to 
defend  on  hi.s  separate  pleading,  judgment  shall  l.e  in  favor  of  the 
executor  or  administrator  against  the  plaintift'. 

Sec.  3.  Be  it  further  enacted.  That  estate  of  such  decedent  shall 
not  be  chargeable  with  any  expense  incurred  hy  the  part^'  admitted 
to  defend.  ^(Acts  1874,  p."  23.) 


The  Sights  of  Married  Women. 
Section  1.  Be  it  enacted  l)y  the  Legislature  of  the  State  of  iMis- 
sissippi,  Tiiat  none  of  the  provisions  of  the  Kevised  Code  of  1871, 
nor  of  An  Act  entitled  An  Act  to  protect  married  women  in  the 
enjoyment  of  the  fruits  of  their  labor,  approved  April  IStii,  1873, 
nor  of  any  other  statute  of  this  State,  shall  be  so  construed  as  to 
permit  any  married  woman  to  contract  with  her  husband  so  as  to 
establish  against  him,  in  any  manner  whatever,  an^'  claim  or  demand 
for  hire,  services  or  labor  performed  by  such  married  woman  I'or  or 
on  account  of  her  husband,  and  it  shall  not  be  lawful  for  any  mar- 
ried man  to  contract  with  his  wife,  so  as  t<->  have  or  maintain  against 
the  yi,U^,  in  an}'  manner  Avhatever,  any  claim  or  demand  for  iiire, 
Services  or  labor  performed  by  such  married  man  for  or  on  account 
of  his  wife,  and  all  contracts  made  bc^tween  any  husband  and  wife, 
in  violation  of  this  Act,  shall  be  absolutclv  null  and  void.  (Acts 
1876,  p.  261.) 


Legal  Holidays — Minors.  151 

Legal  Holidays. 

Section  1.  Be  it  enacted  by  llic  Legislature  of  tiie  Stale  of  ]\Iis- 
■sissippi,  Tiiat  the  following  (la3's,  viz:  the  first  day  of  January, 
commonly  called  Nc\v  Y(tir's  Day;  the  twenty-second  da}'  of  Feb- 
ruary, known  as  Washington's  birthday;  the  fourth  day  of  Jul}', 
called  Independence  Day;  the  twent3'-fifth  day  of  December,  known 
as  Christmas  Da}^  shall,  for  all  purposes  whatsoever,  as  regards  the 
presenting  for  payment  or  acceptance,  and  of  the  protesting  and 
giving  notice  of  the  dishonor  of  bills  of  exchange,  bank  .checks 
and  promissory  notes,  made  after  the  passage  of  this  Act,  be  treated 
and  considered  as  the  first  day  of  the  week,  commonly  called  Sun- 
day, and  as  public  holidays,  and  all  such  bills,  checks  and  notes 
otherwise  presentable  for  acce[)tance  or  payment  on  the  said  days, 
shall  be  deemed  to  be  presentable  for  acceptancp  or  payment. on  the 
secular  or  business  days  next  preceding  such  holidays. 

Sec.  2.  Be  it  further  enacted,  That  whenever  the  first  day  oi 
January,  the  twenty-second  day  of  February,  the  fourth  day  of 
Jul}',  or  the  twenty-tifth  day  of  December,  shall  fall  upon  Sunda}', 
the  jNIonday  next  following  shall  be  deemed  a  public  holiday  for  all 
or  any  ol  the  purposes  aforesaid;  Provided,  however,  that  in  such 
case  all  bills  of  exchange,  checks  and  i)romissory  notes  made 
after  the  passage  of  this  Act,  which  would  otherwise  be  presentable 
for  acceptance  or  payment  on  the  said  Monday,  shall  be  deemed  to 
be  presentable  for  acce[)tance  or  paynient  on  the  Saturday  pre- 
ceding. 

Sec.  3.  Be  it  further  enacted.  That  all  Acts  or  parts  of  Acts  in- 
consistent with  this  Act  are  hereby  repealed,  but  such  repeal  shall 
not  affect  any  act  done,  or  proceeding  or  suit  instituted,  prior  to  the 
passage  of  this  Ac:,     Approved,  February  9,  1876. 


Jurisdiction  of  Minors. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissip[)i,  That  parents  are  entitled  to  lull  jurisdiction  aud  control  of 
their  male  children  until  twenty-one  years  of  age,  if  unmarried,  and 
over  their  female  children  until  eighteen  years,  if  unmarried. 


Process  and  Mode  of  Service. 

§  1310.  All  civil  process  issued  by  a  justice  of  the  j^eace  shall 
be  under  his  hand  and  seal,  and  shall  be  directed  to  the  otliccr  whose 
duty  it  is  to  execute  the  same;  and  every  summons  shall  be  issued 
five  days  before  the  return  day  thereof,  unless  a  shorter  day  shall 
be  directed  by  the  justice,  in  pursuance  of  the  preceding  section. 
It  such  process  shall  be  executed  less  than  live  days  before  the 
return  day,  except  as  afo  resaid,  such  service  shall  be  good  to  require 
the  appearance  of  the  defendant  at  the  next  succeeding  the  one  to 
which  it  is  returnal)le. 

§1311.     The   sheriff   of  any   county,  and   his  (U'pulies,  shall  cxe- 


152  Process  and  Mode  of  Service. 

cute  any  process  directed  to  such  sheriff  by  any  justice  of  the  peace; 
and,  in  case  of  emergency,  such  justice  may  authorize  and  depute 
some  reputable  person  to  execute  any  process,  although  he  be  not 
commissioned  as  constable;  and  the  sheriff,  or  the  person  so 
deputed,  shall  be  entitled  to  the  same  fees  as  constables  for  similar 
services,  and  be  liable  to  the  same  penalties. 

^  689.  The  style  of  all  process  issued  by  the  circuit  courts  of  this 
State,  as  well  as  ail  other  courts  in  the  State,  shall  be,  "  the  State  of 
Mississippi;"  and,  following  this  style,  shall  be  the  address  of  the 
otiicer  who  is  to  execute  the  same. 

g  691.  The  date  of  issuance  of  process  shall  be  prima  facie 
evidence  that  it  issued  on  that  day,  but  may  be  disproved,  should 
the  matter  come  in  question. 

§  692.  If  any  person  shall,  for  any  purpose,  ante-date  any  process 
he  shall  forfeit  two  hundred  dollars  to  the  party  aggrieved,  to  be 
recovered  in  an  action  of  debt,  and  he  shall,  also  be  liable,  in  an 
action  on  the  case,  for  any  damages  resulting  from  such  act. 

§  693.  The  first  proce^ss  in  civil  suits  (except  where  otherwise 
expressly  provided),  shall  be  a  summons,  directed  to  the  sheriff,  or- 
other  proper  officer  of  the  county  where  the  suit  is  pending,  com- 
manding him  to  summons  the  defendant  to  appear  and  answer  the 
action  on  the  return  day. 

§  694.  The  clerk  or  justice  of  the  peace  shall  state,  in  the  sum- 
mons, with  brevity,  the  nature  of  the  action,  and  upon  what  it  is 
founded,  so  as  to  give  the  defendant  general  information  as  to  the 
nature  of  the  proceeding. 

§  696.  In  estimating  the  time  within  which  process  has  been 
served,  the  day  it  issued,  and  the  day  on  which  it  is  served,  shall 
not  both  be  counted.  One  of  those  days  shall  be  included  in  the 
computation,  and  the  other  excluded. 

§  697.  When  *any  of -the  defendants  reside  in  a  different  county 
from  that  in  which  "the  suit  is  brought,  original  process  may  issue 
at  the  same  time  to  each  county  in  which  any  of  the  defendants 
reside  ;  but  the  clerk  shall  indorse  on  the  process  to  be  served  in 
another  county,  upon  what  particular  defendants  it  is  there  to  be 
served,  and  state,  also,  on  the  process  thus  sent  abroad,  that  it  is  a 
duplicate,  and  that  process  has  been  issued  to  the  proper  officer  of 
the  county  where  the  suit  is  brought,  for  the  other  defendants. 

§101.  "Original  process  from'the  courts  of  this  state,  shall  be 
served  upon  individuals  by  the  officer  to  whom  the  process  is  di- 
rected, in  one  of  the  follovving  modes  :  1st.  Upon  the  defendant, 
personally,  if  to  be  found  in  the  county,  by  handing  him  a  true  copy 
of  the  process.  2d,  If  the  defendant  cannot  be  found  in  the  count}-, 
then  by  leaving  a  true  copy  of  the  process  at  hia  usual  place  of 
abode,  with  his  wife,  or  some  other  person  above  the  age  of  sixteen 
years,  being  one  of  his  family,  and  willing  to  receive  such  copy. 
3d,  If  the  defendant  cannot  himself  be  found,  and  if  no  person  of 
his  family,  aged  sixteen  years,  can  be  found  at  his  usual  place  of 
abode,  who  is  willing  to  receive  such  copy,  then  by  posting  such 
true  copy  on  a  door  of  the  defendant's  usual  place  of  abode. 


Process  and  Mode  of  Service.  153 

^^  702.  It'  the  sheriff,  or  other  officer,  to  whom  the  original  pro- 
cess is  addressed,  shall  execute  the  same  ia  the  mode  first  stated  in 
the  preceding  section,  his  return  shall  be  made  substantially'  as  fol- 
lows :  "Executed  the  within  process,  this  da}',  upon  the  defendant, 
in  person,  by  handing  to  him  a  true  copy  thereof."  It  the  process 
be  executed  in  the  manner  secondh'  above  authorized,  the  return 
shall  be  substantially  as  follows  :  "  Executed  this  process,  this  day, 
by  handing  to  the  wife  of  the  defendant  {or,  to  A.  i>.,  a  person  of 
his  family.,  of  tlie  aye  of  sixteen  years,  as  the  case  may  he),  at  his 
usual  place  of  abode  in  said  county,  such  person  being  then  and 
there  willing  to  receive  the  same,  a  true  copy  of  this  process,  said 
defendant  not  being  found  in  mv  county,  after  diligent  search."  If 
the  process  be  executed  in  tlie  manner  thirdly  prescribed  in  the  pre- 
ceding section,  the  return  shall  be  substantially  in  the  form  follow- 
ing :  "  The  within  named  defendant,  A.  B.,  after  diligent  search, 
cannot  be  found  in  my  county,  nor  could  I  find,  after  diligent  search, 
any  parson  of  his  family,  of  the  age  of  sixteen  years,  at  his  usual 
place  of  abode,  who  was  willing  to  receive  a  copy  of  this  process. 
I  therefore  executed  the  same,  this  day,  by  posting  a  true  cop}' 
tliereof  on  the  door  of  the  defendant's  usual  place  (;!  abode,  in  m}' 
county."  The  returns,  however  made,  shall  be  dated  with  tlie  day 
of  service,  and  signed  by  the  oflicer  serving  the  process. 

§  703.  If  the  defendant  be  a  corporation,  process  may  be  served 
on  the  president,  or  other  head  of  the  corporation,  upon  the  cashier, 
treasurer,  or  principal  clei'k,  or  agent  of  the  corporation,  or  upon 
any  one  of  the  directors  of  such  corporation.  If  no  such  person 
or  persons  be  found  in  the  county,  then  it  shall  be  sufficient  to  post 
a  true  copy  of  the  process  on  the  door  of  the  office,  or  principal 
place  of  business  of  the  corporation.  In  suits  against  railroad  and 
telegraph  companies,  brought  in  an}'  county  othpr  than  that  in  which 
their  office  or  principal  place  of  business  may  be,  the  process  may 
be  served  on  any  station  agent,  or  sent  to  any  county  in  which  such 
office  or  principal  place  of  business  may  be  located,  and  there 
served,  as  herein  directed  and  authorized. 

§  701.  If  the  defendant  be  an  infant,  the  process  shall  be  served 
on  hini  personally,  and  upon  his  father  or  motlier,  or  guardian,  if  he 
have  any  in  this  otate. 

§  707,  The  officer  serving  process,  shall  not  be  permitted  to  ques- 
tion the  truth  of  his  return  ;  but  either  of  the  parties  to  tlie  action 
may,  in  the  same  action,  show  the  return  to  be  untrue. 

§  708.  On  motion  of  either  party,  and  a  suggestion  that  the 
officer  serving  process,  either  by  mistake  or  omission,  made  a  defec- 
tive return  of  his  proceedings,  the  return  may  be  amended,  but  only 
according  to  the  facts  connected  with  the  service. 

§  711.  Any  process,  appeuring  to  be,  in  other  respects,  duly 
served,  shall  be  deem.ed  good,  though  not  directed  to  any  officer. 

§  715.  Writs  of  scire  facias,  for  the  renewal  of  judgments,  and 
for  reviving  suits,  may  be  issued  to  any  county  in  the  State,  and 
siiall  be  executed  and  returned  in  the  same  manner  as  a  summons. 
If  the  defendant  is  a  non-resident  of  the   State,  or  cannot  be  found 


154  Process  Against  Partners. 

to  be  spi-ved  with  tlie  process,  tlie  court  or  the  clerk  in  vacation, 
moy  order  publication  to  be  made  for  one  month,  in  some  news-^ 
paper,  requiring  the  appearance  of  the  defendant,  and,  on  proof  of 
such  publication,  may  proceed  as  if  the  writ  of  scire  Jacias  had 
been  returned  executed. 

8  718.  When  the  defendant  shall  not  be  found,  the  plaintili"  ma}' 
sue  out  an  alias  ov  pluries  simimons,  until  the  deferidant  shall  be 
served;  or  he  mav  have  a  testatum  writ  to  another  count}',  where 
the  defendant,  after  the  commencement  of  suit,  shall  have  gone 
into  another  county;  or  he  may  have  an  attachment  against  the 
estate  of  the  defendant;  and  if,  upon  such  attachment,  the  sheriff 
shall  seize  or  attach  any  property  of  the  defendant,  the  same  pro- 
ceedings shall  thereafter  be  had  as  if  the  suit  had  been  originally 
commenced  by  attachment. 

§  2937.  When  process  shall  be  required  to  be  served  on  notice, 
given  any  number  of  days,  the  day  of  serving  the  process,  or  of 
giving  the  notice,  shall  be  excluded,  and  the  day  of  appearance  in- 
cludexl,  and  so  in  all  other  cases,  when  any  number  of  days  shall  be 
prescribed,  one  day  shall  bo  excluded,  and  the  other  included;  when 
the  last  day  falls  on  Sunday,  it  shall  be  excluded,  but  in  other  cases 
Sunday  shall  be  reckoned  in  the  com.putation  of  time. 

Service  of  Process  Against  Partners. 

SiXTioN  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  in  ail  actions  against  partners,  some  of  whom  are  non- 
residents of  the  State  of  Mississippi,  or  who  cannot  be  served  with 
process,  the  service  of  process  on  such  partners  as  may  be  found  in 
the  State,  shall  be  sufficient  notice  to  maintain  the  suit  against  all 
the  partners;  provided,  that  any  judgment  rendered  in  said  suit 
shall  bind  the  assets  of  such  partnership,  and  the  separate  property 
of  snch  partner  or  partners  as  may  be  actually  served  with  process. 
(Acts  1876,  p.  35.) 


TEIAL  BY  JUHY: 

§  724.  All  male  citizens  ot  the  State  of  Mississippi,  and  who  are 
also  citizens  of  the  United  States,  between  the  ages  of  twent^'-one 
years  and  sixty  years,  and  who  are  householders,  shall  be  competent 
jurors  and  liable  to  perform  such  service  in  the  counties  where  they 
reside,  but  not  beyond  the  limits  thereof,  except  that  those  parsons 
who  have  been  convicted  of  any  felony  shall  not  be  qualified  as 
jurors;  but  any  juior  who  is  over  sixty  years  of  age,  and  who  does 
not  plead  an  exemption,  shall  be  a  qualified  juror  in  any  case. 

§  1326.  On  or  before  the  return  day  of  the  process,  either  party 
mav  demand  a  trial  by  jury,  and  thereupon  the  justice  of  the  peace 
shall  order  the  proper  officer  to  summon  six  persons,  competent  to 
serve  as  jurors  in  the  circuit  court,  to  appear  immediately,  or  at 
such  early  day  as  he  may  appoint,  whether  at  a  regular  term  or  not, 


Trial  hy  Jury.  lp'> 

v.lio  sliuU  be  sworn  to  try  the  case;  but  (;;ifli  party  sl.iili  l)e  entitled 
to  challenge  |)erpin!)t(>rily  two  oCsaid  jtirois,  and  us  many  more  as 
he  can  frhow  fcuiiicient  cause  for.  It'  a  sullicient  nnuiber  of  juror.s 
shall  ndt  appear,  by-atandurs  may  be  summoned  until  a  jurj-  is  made 
up,  to  consist  of  six,  ai!:ainst  whom  no  sullicicient  legal  objection 
shall  exist.  If  the  jury  fail  to  agree,  they  may  be  <lischarged  a"nd 
another  jury  summoned  as  b^dbre,  and  so  on  until  a  verdict,  and 
until  judgment  shall  be  entered  by  the  justice  on  the  verdict. 

^1327.  Eaclu  juror  summoned  and  attending  a  justice's  court, 
^ball  be  entitled  to  one  dollar  i)er  day,  to  be  taxed  in  the  bill  of 
.'osts,  and  collected  and  paid  over  by  the  justice  to  such  juror. 

§  1328.  If  a  justice  has  more  jury  cases  than  one  on  the  same 
day,  he  shall  use  the  same  jury  for  the  trial  of  each,  subject  to  the 
right  of  challenge  by  either  ))arty,  and  like  proceedings  in  all  res- 
pects, as  in  other  cases.  If  more  cases  than  one  shall  be  tried  by 
the  same  jury,  it  shall  be  the  duty  of  the  justice  .to  apportion  the 
costs  of  the  jur}-  among  the  several  case.s,  and  tax  them  in  accordance 
with  what  he  may  decide  to  be  a  just  apportionment. 

g  1329.  The  justice  of  the  peace  shall  have  power  to  fine  any 
person  summoned  as  a  juror  and  failing  to  attend,  in  any  sum  not 
exceeding  ten  dollars;  and  if  such  person,  when  summoned  to  appear 
iind  show  cause  why  such  fine  should  uol  be  made  linal,  shall  not 
appear  and  show  sufficient  cause,  execution  shall  issue  for  such  One 
and  costs. 

§  1330.  An>^  defendant  in  a  criminal  case  before  a  justice  of  the 
peace,  may,  in  like  manner  as  in  civil  cftses,  demand  a  jury,  and 
thereupon  the  justice  shall  i)roceed  as  in  other  cases  where  a  jury  is 
<lemanded. 

§  1331.  A  justice  of  the  peace  shall  not,  on  the  trial  In'  jury  of 
any  case,  civil  or  criminal,  express  any  opinion,  or  give  any  instruc- 
tion or  charge  to  the  jury,  except  that  justices  may,  in  such  cases, 
respond  to  any  inquirii^s  l)y  the  jurors,  or  any  ol'  tliem,  as  to  the  law 
)r  the  case. 


WITNESSES    AND    DEPOSITIONS. 

§  1313.  The  justice  of  the  peace  before  whom  any  cause  is  [tend- 
ing, shall  issue  all  subpoenas  for  witnesses  residing  in  his  county, 
which  either  of  the  parties  may  require,  and  such  subpoenas  shall 
be  returnal)le  on  a  day  certain,  ghdng  reasonable  time  for  attend- 
ance ;  and  if  any  witness,  duly  summoned,  shall  fail  to  appear,  in 
pursuance  of  the  subpoena,  he  shall  forfeit  the  sum  of  ten  dollars, 
for  the  use  o(  the  county,  for  wdiich  the  justice  shall  immediately 
enter  judgment  nisi,  which  shall  be  made  final,  in  case  such  witness, 
on  being  duly  summoned  to  appear  and  show  cause,  shall  fail  to 
appear  and  show  cause  for  such  default,  on  oath  or  allirmation,  to 
the  satisfaction  of  said  justice  ;  anil  the  justice  may  issue  attach- 
ment for  such  witness,  as  a  circuit  court  may  do  in  such  cases. 

§  131-1.  If  any  witness,  in  any  civil  case  Ijefore  a  justice  of  the 
peace,  shall  reside  without  the   limits  of  his   county,   such  justice 


156  Witnesses  and  Depositions. 

ma}'  issue  a  commission  to  some  officer  of  the  county  wliere  such 
witness  resides,  authorized  to  take  depositions  in  chancery,  to  take 
the  deposition  of  such  witness,  on  five  day's  notice  of  the  time  and 
l)lace  of  taking  the  same,  to  the  opposite  party  ;  and  such  deposi- 
tion so  taken  and  returned  under  the  liand  of  the  justice  taking  the 
same,  shall  be  read  in  evidence.  Depositions  of  witnesses,  in  other 
cases,  may  be  obtained  in  the  same  manner,  and  under  the  same 
circumstances,  as  in  other  courts  of  law. 

§  1315.  -Justices  of  the  peace  may  examine  the  parties,  or  either 
of  t.heni,  on  oath,  when  required  by  the  opposite  party,  and  either 
party  shall  be  admitted  to  testify  in  his  own  behalf.  And,  on  cause 
shown  by  either  party,  such  justice  shall  have  power  to  postpone 
the  trial,  from  time  to  time,  not  longer  than  three  months  in  all. 

§  756.  Parties  to  the  record  and  persons  interested  in  the  result 
of  a  suit,  or  interested  in  the  record  as  an  instrument  of  evidence, 
shall  not,  on  that  account,  be  excluded  as  witnesses  in  any  of  the 
courts  of  this  state. 

§  757.  In  all  civil  cases,  a  plaintiff  or  defendant,  desiring  to  have 
the  testimony  of  his  adversary,  may  force  him  to  appearand  testify, 
by  process  of  subpoena  or  attachment,  as  in  other  caees. 

§  758,  No  person  shall  testify  as  a  witness  to  establish  his  own 
claim  of  an}^  amount,  for  or  against  the  estate  of  a  deceased  person, 
which  originated  during  the  lifetime  of  such  deceased  person.  But 
such  person  so  interested,  shall  be  permitted  to  give  evidence  in 
support  of  his  demand  against  the  estate  of  a  deceased  person  which 
originated  after  the  death  of  such  deceased  person,  in  the  course  of 
administering  the  estate. 

§  759.  Husband  and  wife  ma}'  be  witnesses  for  each  other  in  all 
criminal  cases,  but  they  shall  not  be  required  to  testify  against  each 
other,  as  witnesses  for  the  prosecution.  Nothing  herein  contained 
shall  be  so  construed  as  to  debar  full  cross-examination  by  the  prose- 
cution, of  an}'  husband  or  wife  of  an  accused  party,  who  may  be 
placed  on  the  stand  for  the  defense. 

§  760.  Husband  and  wife  may  be  introduced  by  each  other  as 
witnesses  in  all  civil  cases. 

§  7G1.  The  first  process  to  compel  the  attendance  of  a  witness 
shall  be  a  subpoena,  directed  to  the  sheritf  of  the  county  where  the 
witness  may  reside,  mentioning  the  time  and  place  for  the  appear- 
ance of  the  witness,  the  parties  to  the  suit,  and  the  party  at  whose 
instance  the  witness  is  summoned.  The  names  of  all  witnesses  re- 
siding in  the  same  county,  shall  be  inserted  in  the  same  subpoena; 
Provided,  the  number  shall  not  exceed  six  names  in  each  subpoena. 

§  764.  Subpoenas  shall  be  served  personally,  or  if  the  witness 
cannot  be  found,  by  leaving  a  copy  at  his  usual  place  of  residence, 
in  the  hands  of  some  person  over  sixteen  years  of  age;  and  the 
person  so  summoned  shall  appear,  and  continue  to  attend,  from  day 
to  day,  and  from  term  to  term,  until  discharged  ;  and  if  the  suit 
shall  be  settled  in  vacation,  notice  thereof  shall  be  given  to  the  wit- 
nesses; otherwise  they  shall  be  entitled  to  the  same  compensation 
for  their  sulvsequent  attendnnce,  in  pursuance  of  the  subpcenu,  as 
if  the  suit  had  not  been  settled. 


Witnesses  and  Depositions.  157 

* 

§  767.  Witnesses  in  criminal  cases  siiall  be  lia])le  to  the  some 
process  of  subpceiia  and  attachment,  and  to  the  like  penalties  for 
I'ailure  to  appearand  attend,  as  in  civil  cases.  The  court  may  cause 
tlie  witnesses  on  either  side  to  be  bound  by  recognizance  to  appear 
and  testify  until  discharged. 

§770.  Any  witness  may  sue  for  and  recover  from  the  party  on 
whose  behalf  he  was  bumuioued,  the  amount  specified  in  ihe  certili- 
cate  of  the  clerk,  before  any  justice  of  the  peace,  or  other  court 
having  jurisdiction,  and  the  certiQcate  of  the  clerk  shall  bo  good 
2)rima  facie  evidence,  in  such  action,  of  the  attendance  of  such 
witness,  and  of  tiie  amount  of  compensation  he  is  entitled  to 
recover. 

§771.  Witnesses  in  criminal  cases  shall  be  allowed  the  same 
compensation  as  in  civil  cases,  but  the  prosecutor  shall  not  be 
allowed  compensation  as  a  witness,  nor  shall  any  person  be  allowed 
for  his  attendance  as  a  witness  in  more  than  one  criminal  case  on 
the  same  da}'. 

§  777.  If  any  person  summoned  as  a  witness  shall  refuse  to  be 
sworn  or  affirmed,  or  to  give  evidence,  he  shall  be  committed  to 
prison  by  the  court,  commissioner,  referees,  or  other  person  author- 
ized to  take  his  testimony,  there  to  remain  without  bail,  until  he 
shall  be  sworn  or  affirmed,  and  give  his  evidence.    . 

§  778.  Any  witness  may  be  examined  touching  his  interest  in  a 
cause,  or  his  conviction  of  any  crime,  and  his  answers  may  be  con- 
tradicted, and  his  interest  or  his  conviction  of  a  crime  established 
by  other  evidence;  and  no  witness  shall  be  excused  from  answering 
any  question,  material  and  relevant,  unless  the  answer  would  expose 
him  to  a  criminal  prosecution  or  penalty,  or  a  forfeiture  of  his 
estate;  and  the  court  shall  decide  as  to  the  efl'ect  of  such  evidence, 
after  privatel}'  hearing  the  witness. 

§  779.  No  conviction  for  an}'  offense,  except  perjury  or  suborna- 
tion of  perjury,  shall  exclude  a  witness  from  testifying  in  a  cause; 
but  if  lie  has  l^e^n  convicted  of  the  offenses  herein  named,  or  eithei- 
of  them,  he  shall  not  testify,  although  he  may  have  been  pardoned 
or  punished  for  the  same. 

§781.  Any  witness  summoned  to  attend  court  in  a  civil  case, 
beyond  the  county  of  his  residence,  shall  not  be  bound  to  attend, 
unless  there  be  tendered  to  him,  by  the  officer  serving  the  subpama, 
or  the  party  at  whose  instance  he  is  called,  a  surn  of  money*  sufll- 
cient  to  pay  mileage  and  ferriages  and  tolls  to  the  court  house,  and 
one  day's  attendance. 

§788.  The  depositions  of  witnesses  residing  or  being  tempora- 
rily within  this  state,  may  be  taken  in  all  civil  suits  in  the  follow- 
ing cases,  and  no  others,  viz:  First:  when  the  witness  shall  be 
about  to  depart  from  the  state  before  the  cause  can  be  tried.  Second  : 
when,  by  reason  of  extreme  age,  sickness  or  other'cause,  the  witness 
will  probably  be  unable  to  attend  court  in  person.  Third  :  when 
the  claim  or  the  defence  shall  depend  upon  the  evidence  of  a  single 
witness,  on  a  point  essential  to  the  case.  Fourth:  when  the  witness 
shall  be  a  female.     Fifth  :  when  the  witness  shall  be  a  judge  of  any 


158  Witnesses  and  Depositions. 

coui't  of  recoiil  in  this  state.  Sixth  :  vrlion  the  witness  shall  be  au 
officer  of  the  state  government,  or  of  the  government  of  the  United 
States,  and  cannot  attend  court,  without  neglecting  his  official 
duties.  Seventh :  when  the  witness  is  a  clerk  of  an>'  court  of 
record,  or  a  sheriff,  or  justice  of  the  peace,  and  is  required  to  testify 
in  a  county  different  from  that  of  his  residence.  Lastly  :  when  the 
witness  resides  more  than  sixt^-  miles  from  the  |>lace  where  the 
cause  is  to  be  tried. 

§  789.  Either  party  may  compel  ths  attendance  of  a  female  wit- 
ness to  give  evidence  orally  in  court,  by  making  and  filing  an  affi- 
davit in  tlie  case  that  he  has  good  cause  to  believe,  and  does  verily 
believe,  that  her  presence  in  court  is  necessary  f<ir  the  ends  of 
justice.  In  no  otlier  case  shall  a  lemale  be  iomi)elle<l  to  attend 
court  as  a  witness  in  a  civil  cause. 

§  791.  When  any  party  shall  desire  to  take  the  deposition  of 
any  witness  absent  from  or  residing  out  of  the  state,  he  shall  file 
interrogatories  in  the  clerk's  office,  and  serve  the  opposite  party  or 
his  attorne}'  with  a  cop}^  thereof,  with  a  notice  of  the  day  on  which 
a  commission  will  issue,  ten  days  before  issuing  the  same,  in  which 
time  the  opposite  party  shall  file  his  cross-interrogatories;  and  the 
clerk  shall  thereupon  issue  a  commission,  and  shall  annex  thereto  a 
cop}^  of  such  interrogatories  and  cross-interrogatories,  and  the  wit- 
ness shall  be  examined  by  the  commissioner  thereon. 

§  7L2.  If  the  opposite  party  shall  not  reside  in  the  state,  and 
hath  not  an  agent  or  attorney  at  law  or  in  fact  within  the  same,  to 
whom  notice  of  the  time  and  place  of  taking  a  deposition  within  the 
state  can  be  given,  or  on  whom  copies  of  the  interrogatories  and 
notice  required  for  taking  a  deposition  abroad,  can  be  served,  it 
shall  be  sufficient  to  file  the  same  with  the  clerk  among  the  papers 
in  the  cause  for  the  time  required;  and  this  provision  shall  ai)ply  ta 
all  courts  in  the  state. 

§  793.  All  commissions  to  take  depositions  under  this  act,  may 
be'directed  to  one  or  to  several  commissioners,  in  the  alternative  by 
name,  or  to  any  judge  of  a  court  of  record,  justice  of  the  peace, 
mayor  or  chief  magistrate  of  a  city  or  town,  commissioner  appointed 
by  the  governor  of  this  state,  or  other  person  authorized  to  admin- 
ister oaths  by  the  law  of  the  place  where  the  deposition  is  taken; 
and  the  certificate  of  any  such  officer  shall  be  prima  facie  evidence 
of  his  offiicial  character,  and  of  his  authority  to  administer  oaths. 

§  794.  The  witnesses  shall  be  sworn  or  affirmed  by  the  commis- 
sioner to  testify  the  whole  truth  and  nothing  but  the  truth,  and  the 
commissioners,  or  one  or  more  of  them,  shall  carefully  and  impar- 
tially examine  the  witness,  on  the  interrogatories  and  cross-interrog- 
atories annexed  to  the  commission;  or,  if  the  deposition  is  taken 
within  the  state,  upon  such  interrogatories  as  may  be  put  verbally 
or  in  writing,  by  the  parties,  and  shall  cause  the  testimony  to  be 
fairly  written  down,  by  himself  or  by  the  witness,  or  some  disinter- 
ested person  in  his  presence,  and  subscribed  by  the  witness;  and 
the  testimony,  so  taken  down,  with  the  commission  and  interroga- 
tories, and  every  exhibit  and  voucher  relating  thereto,  and  also  a 


Witnesses  and  Depositions.  159 

cerlificato  by  the  coininissioaci'  of  ;ill  his  ijroL'C'(.'din:JC^  thorciii,  shall 
be  sealed  up  and  direeted  to  the  clerk  of  the  court  where  the  action 
is  pending,  and  transmitted  in  the  most  safe  and  convenient  manner, 
and  the  clerk  shall  open  the  same,  and,  having  indorscl  tliereou  the 
receipt  and  opening  thereof,  shall  deposit  the  same  among  the  papers 
in  the  cause.  The  commissioner  shall  indorse  the  style  of  the  case 
and  the  word  "deposition  "  on  tiie  envelope. 

§  795.  The  depositions  taken,  certilied  and  returned,  in  pursu- 
ance of  this  act,  shall  be  admissible  as  evidence  in  the  cause  ;  Pro- 
vided^ any  of  the  causes  authorizing  the  taking  of  depositions  under 
this  act  sliall  exist  at  the  time  of  the  trial  to  prevent  the  personal 
attendance  of  the  witness  ;  but  the  questions  and  answers  thereto 
shall  be  liable  to  all  legal  objections. 

§  79(5.  Subposnas  I'or  witnesses  to  appear  i)e''orj  any  commis- 
sioner within  this  state,  to  give  testimony  in  any  cause  pending  in  a. 
court  of  this  state,  shall  be  issued  by  the  clerk  of  the  court  in  which 
the  action  is  pending,  or  b_y  the  commissioner,  and  shall  be  executed 
as  in  other  cases,  and  returned  to  such  commissioner;  and  in  case 
the  witness  shall  fail  to  ai)pear,  the  said  commissioner  slmll  issue 
an  attachment  against  him,  returnable  at  such  time  as  the  commis- 
sioner shall  appoint,  and  the  deposition  may  then  bo  taken  without 
further  notice. 

§  797.  The  commissioner  shall  have  power  to  continue  the  taking 
of  depositions  from  day  to  day,  and  may  adjourn  the  taking  thereof 
from  time  to  time,  giving  notice  to  the  parties,  unless  they  shall  be 
present  when  such  adjournment  is  made. 

§  788;  The  sheriff,  coroner,  and  constables  of  each  county,  shall 
serve  copies  of  interrogatories  and  notices  of  issuing  commissions, 
and  notice  of  taking  depositions,  and  shall  be  allowed  therefor  the 
same  fee  as  for  the  service  of  a  summons,  to  be  charged  in  the  bill 
of  costs  ;  they  shall  also  execute  and  return  all  writs  of  subpoena 
and  attachments;  and  for  any  neglect  of  dut}^  imposed  by  this  arti- 
cle, such  oflicer  shall  1)8  liable  to  all  the  penalties  prescribed  for 
neglect  of  dut}'  in  respect  to  the  service  of  a  summons. 

§  799.  No  exception  to  any  deposition,  other  than  for  incompe- 
tency or  irrelevanc}',  shall  be  regarded,  unless  made  in  writing  and 
tiled  one  day  before  the  commencement  of  the  trial.  The  court,  on 
motion  of  either  party,  shall  determine  the  exceptions  so  made  and 
liled,  before  the  commencement  of  the  trial,  and  if  the  exceptions 
are  sustained,  nniy,  in  proper  cases,  allow  time  to  re-take  such  depo- 
sitions. 

§2252.  No  attorney  or  counsellor  at  law  shall  be  allowed  any 
compensation  as  a  witness  in  any  cause  in  which  he  sh.all  be  con- 
cerned as  attornev  or' counsel. 


JUDGMENTS  AND    ENROLLING. 

§  1318.  All  judgments  rendered  by  justices  of  the  peace  shall 
operate  as  a  lien  upon  the  property,  real  and  parsonal,  of  the  de- 
fendant or  defendants   therein,    found  or  situated   in  the    county 


160  Juclginents  and  Enrolling. 

where  rendered,  or  in  any  other  county  where  the  same  may  he, 
which  is  not  exempt  by  law  from  execution;  provided,  that  an  ab- 
stract of  the  judgment  shall  be  filed  with  the  clerk  of  the  circuit 
court  of  the  county  wherein  the  property  is  situated,  and  entered 
upon  the  judgment  roll,  as  in  other  cases  of  enrolled  judgments; 
s-aid  lien  to  commence  from  tiie  date  of  the  enroUmcnt  and  continue 
until  the  jjayment  or  satisl'action  of  said  judgment,  and  said  judg- 
ment may  be  enrolled  as  aforesaid,  and  have  the  force  and  effect  of 
a  lien,  as'aforesaid,  in  all  cases  where  an  appeal  is  taken  from  said 
judgment,  as  well  as  in  other  cases;  and  in  the  event  of  a  reversal 
of  t'lie  judgment  of  the  justice's  court,  the  clerk  of  the  circuit  court 
shall  enter  a  memorandum  to  this  effect,  on  the  judgment  roll. 

§  825.  In  all  civil  actions,  the  party  in  whose  favor  judgment 
siiall  be  given,  or  in  case  of  non-suit,  dismission  or  discontinuance, 
the  defen^^ant  shall  be  entitled  to  full  costs,  except  when  it  may  be 
otherwise  directed  by  law;  and  the  law  of  costs  shall  not  be  inter- 
preted as  penal  laws. 

§  830.  1^11  judgments  and  decrees  so  enrolled  shall  be  a  lieu  upon 
and  bind  all  the  property  of  the  defendant  or  defendants,  within 
the  county  where  so  enrolled,  from  the  rendition  thereof,  and  shall 
have  priority,  according  to  the  order  of  such  enrollment,  in  favor  of 
the  iudgment  creditor,  his  representatives  or  assignees,  against  the 
judgment  debtor  or  debtors,  his,  her  or  their  representatives,  and 
purchasers  or  mortgagees  from  said  judgment  debtor  or  debtors; 
and  no  judgment  shall  be  a  lien  on  any  property  of  the  defendant 
or  defendants  thereto,  unless  the  same  shall  be  enrolled  in  the  man- 
ner herein  directed.  But  the  priority  of  lien  provided  for  in  this 
section  shall  not  extend  to  judgment  creditors  who  fail,  refuse  or 
neglect  to  sue  out  execution  for  the  satisfaction  of  his,  her  or  their 
iudgment  or  juda-ments,  until  a  junior  judgment  creditor  has,  by 
"due  diligence,  caused  his  execution  to  be  levied  upon  the  property 
of  the  defendant;  but  in  all  such  cases,  the  sale  by  the  sheriff"  or 
other  officer  shall  vest  tL3  title  of  the  defendant  or  defendants  in 
the  purchaser,  and  the  proceeds  of  such  sale  shall  be  applied  to  the 
satisfaction  of  the  junior  judgment  creditor;  provided,  that  before 
said  junior  creditor  shall  cause  a  levy  to  be  made,  he  shall  give 
notice  to  older  creditors  in  execution,  that  unless  they  proceed  in 
ten  days  to  levy,  he  will  proceed;  and  in  that  case,  he  shall  have  a 
preference  under  his  lev}'. 

§  831.  The  purchaser  or  purchasers  of  any  property  sold  at  exe- 
cution sale  by  the  sheriff  or  other  officer,  shall  take  the  same  dis- 
charged of  all  liens  of  judgment  and  decrees,  whether  the  same-  be 
sold  binder  an  execution  issued  upon  the  elder  or  junior  judgment 
or  decree. 

§  832.  After  the  sale  of  any  property  by  the  sheriff  or  other  offi- 
cer on  execution,  before  the  money  is  paid  over  by  him,  he  shall 
examine  the  "  Judgment  KoU,"  to  ascertain  it  there  be  any  elder 
judgment  or  judgments,  decree  or  decrees,  enrolled  against  the 
"defendant  or  defendants  in  said  execution,  having  a  priority  of 
lien;  and  if  there  be,  he  shall  apply  the  proceeds  of  such  sale  to 


Appeals  and  Certiorari.  101 

such  elder  judgment  or  decree,  so  having  i)riority  of  lien,  and  return 
such  application  upon  the  execution  on  which  such  sa'c  shall  have 
been  made.  But  should  there  be  any  dispute  as  to  which  judgment 
or  decree  has  the  priority  of  lien,  then  such  ollicer  sliali  make  a 
statement  of  the  fact  of  such  dispute,  and  return  the  same,  with 
the  execution  and  the  mone_y  raised  thereon,  into  the  court  to  which 
the  same  is  returnable,  and  the  court  shall,  on  motion  and  examina- 
tion of  the  facts,  determine  to  whom  the  money  so  i-aised  on  exe- 
cution shall  be  paid. 

§  833.  No  judgment  6r  decree  rendered  in  any  court  of  the 
United  States,  or  of  this  state,  shall  be  a  lien  upon  or  bind  any 
property  of  the  defendants,  situate  out  of  the  county  in  which  such 
judgment  or  decree  was  rendei'ed,  until  the  plaintiif  shiil  lile.  in  tiu; 
oHice  of  the  clerk  of  the  circuit  court  of  the  county  in  which  the 
property  may  be  situated,  an  abstract  of  such  judgment  or  decree, 
certified  by  the  cleric  of  the  court  in  which  the  same  was  rendered, 
containing  the  names  of  all  the  parties  to  such  judgment  or  decree, 
its  amount,  and  the  date  of  the  rendition,  and  the  amount  appearing 
to  have  been  paid  thereon,  if  any;  and  it  shall  be  the  duty  of  the 
clerk  of  any  circuit  court,  on  receiving  such  abstract,  and  on  pay- 
ment of  the  fees  allowed  by  law  for  filing,  recording  and  enrolling 
the  Scvme,  to  file  the  same  and  record  it  in  a  separate  book,  plainly 
indexed,  to  be  kept  for  that  purpose,  and  to  note  therein  the  day  on 
which  such  abstract  was  filed  for  record  as  aforesaid,  and  he  shall 
forthwith  enroll  the  same  on  the  "  Judment  Roll,"  as  in  other  cases; 
and  such  judment  or  decree  shall  from  the  date  of  its  enrollment  as 
aforesaid,  be  a  lien  upon  and  bind  the  property  of  the  defendants 
Avithin  the  countv  where  it  shall  be  so  enrolled. 


APPEALS  AND  CERTIORARI. 

§  1332.  Either  party  may  appeal  to  the  circuit  court  of  the 
county  from  the  judment  of  any  justice  of  the  peace  ;  provided, 
such  appeal  be  demanded,  and  bond  given,  within  five  da3-s  after 
the  rendition  of  the  judgment,  and  an  affidivit  filed  that  such  appeal 
is  not  made  for  delay,  nor  to  vex,  harass  or  oppress  his  adversarv, 
but  that  justice  may  be  done.  The  party  praying  such  appeal,  shall 
give  bond,  with  security,  to  be  approved  by  said  justice,  payable  to 
the  opposite  part^',  in  the  penalty  of  two  hundred  dollars,  condi- 
tioned for  the  payment  of  such  judgment  as  the  said  circuit  court 
may  render  against  liim,  and  such  appeal,  when  demanded,  and  bond 
given,  as  aforesaid,  shall  operate  as  a  siipersedGas  of  execution  on 
such  judgment. 

§  1333.  The  justice  of  the  peace,  from  whose  decision  an  appeal 
shall  be  prayed,  shall,  on  or  before  the  first  day  of  the  next  term  of 
the  circuit  court,  to  which  the  same  is  returnable,  transmit  to  the 
clerk  of  such  court  a  certified  cop}-  of  the  record  of  the  proceed- 
ings, with  all  the  original  ])rocess  and  papers  in  the  case,  and  the 
original  appeal  bond  and  afiidavit  given   by  the  appellant,  and  said 

.     11 


162  Appeals  and  CeTtiorari. 

clerk  shall  docket  the  same,  and  shall  be  entitled  to  the  same  fees, 
upon  such  appeals,  as  for  similar  services  in  suits  originating  in  said 
court.  The  justice  shall,  at  all  times,  be  allowed  to  amend  his  re- 
turn according  to  the  facts,  and,  if  the  appeal  bond  shall  be  defec- 
tive, the  appellant  shall  be  permitted  to  give  a  new  bond,  which 
shall  have  the  same  eftect  as  if  given,  originally,  before  the  justice, 
on  demand  of  an  appeal. 

§1334.  Appeals  to  the  circuit  court  shall  be  tried  anew,  in  a 
summar}^  wa}',  without  pleadings  in  writing,  at  the  first  term,  unless 
cause  can  be  shown  for  a  continuance;  provided,  that,  if  it  shall 
appear  on  the  trial  of  such  appeal,  that  suit  was  brought  before  a 
justice  of  the  peace  not  having  jurisdiction  thereof,  the  circuit  court 
shall  reverse  the  judgment  of  the  said  justice,  if  rendered  in  favor 
of  the  plaintiff,  and  shall  dismiss  the  case  at  the  costs  of  the  plaintiff 
in  the  court  below.  If  the  defendant  be  the  a[)pellant,  and  judg- 
ment be  rendered  for  the  plaintiff  in  the  original  suit,  ten  per  cent, 
damages  upon  the  amount  thereof,  shall  be  included  in  such  judg- 
ment and  costs;  and  such  judgment  shall  be  rendered  against  the 
principal  and  his  sureties  jointly.  If  the  judgment  be  for  the  de- 
fendant in  the  original  suit,  he  shall  recover  full  costs,  in  like  man- 
ner; providedj  that,  on  such  appeals,  where  thfe  amount  in  contro- 
versy shall  exceed  twenty  dollars,  the  parties,  or  either  of  them, 
shall  be  entitled  to  a  trial  by  jury;  and  in  all  such  cases,  where  the 
amount  in  controversy  exceeds  the  sum  of  fifty  dollars,  either  party 
shall  be  entitled  to  an  appeal  or  writ  of  error,  to  the  supreme  court, 
as  in  cases  originating  in  the  circuit  courts. 

§■  1336.  All  cases  decided  by  a  justice  of  the  peace  may,  within 
six  months  thereafter,  on  good  cause  shown  by  petition,  supported 
by  affidavit,  be  removed  to  the  circuit  court  of  the  county,  by  a  writ 
of  certiorari,  which  shall  operate  as  a  supersedeas,  the  party,  in  all 
cases,  giving  bond,  with  securit}',  as  in  cases  of  appeals  from  justices 
of  the  peace  ;  and  in  any  cause  removed  by  certiorari  under  this 
act,  the  court  shall  be  confined  to  the  examination  of  questions  of 
law,  arising  or  appearing  on  the  face  of  the  record  and  proceedings. 
In  case  of  an  aflirmance  of  the  judgment  of  the  justice,  the  same 
judgment  shall  be  given  as  on  appeals.  In  case  of  a  reversal,  the 
circuit  court  shall  enter  up  such  judgment  as  the  justice  ought  to 
have  entered,  if  the  same  is  apparent,  or  may  then  proceed  to  tr}- 
the  cause  anew,  on  its  merits. 

§  533.  The  judges  of  the  circuit  courts,  in  term-time  and  in  vaca- 
tion, may  order  the  issuance  of  writs  of  habeas  corpus,  rnandaimis, 
certiorari,  supersedeas  and  attachment,  and  grant  injunctions,  ne 
exeat,  and  all  other  remedial  writs,  in  all  cases  where  the  same  may 
properljr  be  granted,  according  to  right  and  justice,  returnable  to  any 
court  in  this  state,  whether  the  suits  or  proceedings  be  pending  in 
the  district  of  the  judge  granting  the  same,  or  not.  The  fiat  of  such 
judge  shall  authorize  the  issuance  of  the  process  or  writ,  returnable 
to  the  proper  court. 


GARNISHMENT. 
§  1337.     When  sufficient  property  cannot  be  found  to  satisfy  the 


Execution  and  Htaij  of.  1^'^ 

execution,  and  the  plaintilT  shall  suggest  tliat  any  other  person  is 
indebted  to  the  defendant,  or  has  eti'ects  of  such  defendant  in  his 
iiands,  the  justice  sliall  issue  a  summons  of  garnishment  against 
such  person,  in  lilce  manner,  and  like  proceedings  shall  be  had 
thereon,  in  all  respects,  so  far  as  may  be  applicable,  as  in  case^  of 
garnishment  upon  judgments  rendered  in  the  circuit  courts.  Such 
summons  may  be  issuetl  to  any  county  where  the  party  may  reside. 

§  874.  The  clerk  of  any  court  of  law  or  equity  in  this  state,  on 
the  suggestion  of  the  plaintiff  in  any  judgment  or  decree  therein 
rendered,  that  any  person  is  indebted  to  the  defendant  therein,  or 
has  any  effects  of  such  defendant  in  his  hands  or  possession,  and  on 
tiling  in  his  ofilce  an  aflldavit  of  such  plaintiff,  his  agent  or  attorney, 
thatlie  does  not  believe  that  such  defendant  has  in  his  possession 
visible  property,  npon  which  a  levy  can  be  made,  sufficient  to  satisfy 
such  judgment  or  decree,  shall  issue  a  summons  of  garnishment, 
directed  to  the  sheriff  or  proper  officer  of  the  county  in  which  the 
garnishee  may  reside,  commanding  him  to  summon  the  said  garni- 
shee to  appear  at  the  term  of  the  court  to  which  such  summons  or 
garnishment  may  be  returnable,  to  answer  on  oath,  whether  he  is 
hidebted  to  the  said  defendant,  and  in  what  sum,  and  what  effects 
of  said  delendant  he  has  in  his  hands  or  possession,  or  had  at  the 
time  of  serving  such  summons,  and  whether  he  knows  of  any  other 
persons  indebted  to  said  defendant,  or  who  may  have  any  of  the 
effects  of  said  defendant  in  their  hands  or  possession;  and  upon  the 
return  of  such  summons,  the  like  proceedings  may  be  had,  as  in 
onses  of  garnishees  in  attachment. 

§  875.  All  property  in  the  hands  of  such  garnishee,  belonging  to 
the  defendant,  at  the  time  of  the  service  of  such  summons  shall  be 
bound  by  and  subject  to  the  lien  of  tfie  judgment  on  which  such 
summons  shall  have  been  issued,  and  if  the  garnishee  shall  surrender 
the  same  to  the  sheriff  or  other  officer  serving  such  summons,  such 
officer  shall  receive  the  same,  and  make  sale  thereof,  as  if  levied  on 
by  virtue  of  an  execution,  and  shall  return  the  money  arising  there- 
from, to  satisfy  the  judgment. 


EXECUTION  AND  STAY  OF. 

§  1317,  No  execution  shall  issue  on  any  judgment  of  a  justice 
of  the  peace,  until  five  days  after  rendering  the  same,  unless  the 
party  recovering  therein  will  make  oath  that  he  hath  reason  to  be- 
lieve that  he  will  be  in  danger  of  losing  his  debt  or  demand  by  such 
delay,  in  which  case  execution  shall  issue  immediately  ;  but  the 
opposite  party  shall  not  be  deprived  of  his  right  of  appeal,  within 
the  time  prescribed. 

SiXTioN  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  any  person,  who  may  hereafter  be  in  possession  of 
personal  property  of  any  description,  belonging  to  or  claimed  by 
any  other  person,' which  'property  is  liable  to  be  levied  upon  or  be 
-seized  under  any   process  oi  Jieri  facias  venditioni,  exponas,   attach- 


164  Execution  and  Stay  of. 

nient,  or  other  process,  such  person,  so  in  possession  as  aforesaid, 
shall  point  out  and  deliver  such  property  to  any  sheriff",  constable, 
coroner,  or  other  officer,  who  may  demand  said  property,  by  a^uthority 
of  any  legal  process  in  his  hands.  (Act  approved  February  19, 
1876.) 

§  838.  Eixecutions  may  issue  at  any  time  within  a  year  and  a  day 
after  the  rendition  of  the  judgment  or  decree,  or  within  a  year  and 
a  day  after  the  expiration  of  the  stay  of  execution  ordered  hy  the 
court ;  and  in  case  the  issuance  of  execution  has  been  prevented  by 
injunction  or  supersedeas,  then  execution  may  be  issued  within  a 
j-ear  and  a  day  after  the  dissolution  of  such  injunction,  or  the  dis- 
charge or  expiration  of  sncli  snpersedeas. 

g  S42.  Land  shall  not  be  levied  on,  if  sulHcieiit  personal  p!0[)erty 
be  found  or  surrendered  by  the  debtor. 

§  843.  When  any  sheriff"  or  other  officer  shall  serve  an  execution 
on  horses  or  other  live  stock,  he  shall  provide  sufficient  sustenance 
for  the  support  of  such  live  stock,  until  sold  or  otherwise  legall}- 
discharged  from  such  execution  ;  and  upon  the  return  of  the  exe 
cution,  the  court,  in  cases  where  the  compensation  is  not  fixed  by 
law",  shall  settle  and  adjust  what  such  officer  shall  be  allowed  for  his 
expenses  incurred  in  supporting  such  stock  ;  and  such  officer  shall 
be  allowed  to  retain  the  same  out  of  the  mone}'  arising  from  the 
sale  of  such  stock. 

§  844.  If  any  sheriff"  or  officer  shall  lev}',  or  be  about  to  lev}',  an 
execution  or  attachment  on  any  personal  propert}',  and  doubt  shall 
arise  whether  the  right  to  such  property  is  in  the  defendant  or  not, 
such  sheriff"  or  officer  may  demand  of  the  plaintiff'  a  bond,  signed  by 
good  and  responsible  persons,  payable  to  such  sheriff"  or  officer,  in  i\ 
sufficient  penalty',  conditioned  that  the  obligors  therein  will  indem- 
nify and  save  harmless  the  said  sheriff  or  officer  against  all  damages 
Avhich  he  ma}^  sustain  in  consequence  of  the  seizure  or  sale  of  the 
property  on  which  the  execution  or  attachment  shall  be,  or  shall 
have  been  levied,  and,  moreover,  will  pay  and  satisfy  to  any  persoBi 
claiming  title  to  said  property',  all  damages  which  said  person  may 
sustain  in  consequence  of  such  seizure  or  sale  ;  and  if  the  plaintiff" 
shall  fail  to  give  such  bond,  the  sheriff  or  officer  shall  be  justifiable 
in  refusing  to  levy  on  such  propert}',  or,  if  the  lev}'  be  made,  and 
such  bond  be  not  given,  on  or  before  the  day  of  sale,  or  the  return- 
day  of  the  process,  the  officer  shall  do  justifiable  in  releasing  the 
levy,  and  delivering  the  property  to  the  party  from  whose  possession 
it  was  taken  ;  provided,  the  plaintiff,  or  his  agent  or  attorney,  had 
reasonable  notice  in  writing,  before  the  day  of  sale  or  return-day  of 
the  process,  that  such  bond  would  be  required. 

^  845.  If  such  bond  and  security  be  given,  it  shall  be  returned 
with  the  execution  or  attachment,  and  any  person  claiming  the 
property  levied  on,  may  prosecute  a  suit  upon  the  bond,  in  the  name 
of  the  payee,  or  his  representatives,  for  the  use  of  such  claimant^ 
and  recover  such  damages  as  he  may  sustain  by  the  seizure  or  sale 
of  said  property,  or  lev\'  of  said  process,  w'hether  the  same  shall 
exceed  the  penalty  of  such  bond  or  not  ;  and   such  claimant  shall.. 


Execution  and  Stay  of.  105 

after  the  due  execution  of  such  bond,  be  baiTcd  of  any  action  against 
the  sheriff  or  oflicer  levying  such  execution,  unless  the  obligors  in 
said  bond  shall  be,  or  become  insolvent,  or  the  bond  be  otherwise 
invalid. 

^  851.  When  the  odicer  shall  return  on  any  execution,  that  no 
property  of  the  defendant  is  to  be  found  in  his  county,  and  the 
]jlaintilf  shall  suggest,  in  writing,  to  the  court  which  rendered  the 
judgment,  that  the  defendant  hath  propert}-,  but  hath  fraudulently 
conveyed  the  same,  for  the  purpose  of  defrauding  his  creditors,  or 
to  avoid  the  payment  of  the  execution,  a  summons  shall  issue  to 
the  person  or  persons  in  whose  hands  such  property  is  supposed  to 
be,  or  having  such  fraudulent  conveyance  ;  and,  on  the  return  there- 
of, executed  as  in  other  cases,  an  issue  shall  be  made  up  and  tried 
by  a  jury  ;  and  if  the  jur}^  shall  find  the  conve3'ance  fraudulent,  or 
without  valuable  consideration,  the  property  thus  fraudulently  con- 
veyed or  made  over  shall  be  subject  to  the  plaintilfs  execution. 

v<  853.  If  a  distringas  issue  in  detinue,  the  court  or  judge  in 
vacation,  on  being  satisfied  that  the  specific  thing  cannot  be  de- 
livered, may  order  the  writ  to  be  superseded,  as  to  the  specific 
thing,  and  to  be  executed  for  the  alternative  price  or  value  ascer- 
tained by  the  judgment. 

§  855.  When  a  defendant  in  execution  shall  own  or  be  entitled 
to  an  undivided  interest  in  any  property,  not  exclusively  in  his  own 
possession,  such  interest  may  be  levied  on,  and  sold  by  the  sheriff", 
without  taking  the  property  into  actual  possession,  and  such  sale 
shall  vest  in  the  purchaser  all  the  interest  of  the  defendant  in  such 
property. 

§  1343.  If  the  party  against  whom  judgment'  shall  be  given, 
shall,  within  five  days  thereafter,  procure  some  responsible  person 
to  appear  before  the  justice,  and  consent  to  become  surety  for  a 
stay  of  execution,  the  justice  shall  enter  the  name  of  such  person 
on  his  docket,  as  suret}'  for  a  stay  of  execution  on  said  judgment  ; 
and  thereupon,  such  justice  shall  grant  a  stay  of  execution  for 
thirty  days,  from  the  date  of  such  judgment,  on  all  sums  not  ex- 
ceeding fifty  dollars,  and  for  sixty  days,  on  all  sums  over  fifty  dol- 
lars; and  in  case  the  money  be  not  paid  at  the  expiration  of  such 
stay,  execution  shall  issue  against  the  principal  and  sureties,  or 
either  of  them,  for  the  principal,  interest  and  costs,  on  which  exe- 
cution no  surety  shall  be  taken. 

§  1344.  Any  defendant  obtaining  a  stay  of  execution,  shall 
thereby  waive  all  errors  in  the  judgment,  and  abandon  the  right  of 
appeal  or  certiorari. 


How.  Lands  Lsvied  on  and  Sold  on  Execution  from  Justice  Court. 

§  1319.  In  all  cases  in  which  lands  and  tenements  shall  be  levied 
upon  by  execution  or  attachment,  returnable  to  a  justice's  court,  it 
shall  be  the  dut}'  of  the  officer  making  the  levy,  to  endorse  his  re- 
turn on  the  writ,  b\'  virtue  of  which  the  lev^-  is  made,  at  or  before 


166  Claimants  Issue. 

the  term  of  the  court  to  which  the  same  is  returnable  ;  aud  it  shall 
be  the  duty  of  such  justice  of  the  peace,  thereupon  to  make  out, 
and  certify  to  the  clerk  of  the  circuit  court  of  the  county,  a  com- 
plete transcript  of  the  proceedings  had  before  such  justice,  together 
with  a  copy  of  the  writ  of  attachment  or  execution,  as  the  case  maj- 
be,  and  the  sheriff's  return  thereon  ;  and  said  transcript  shall  be 
filed,  by  said  justice,  in  the  office  of  the  clerk  of  the  circuit  court 
of  the  county  in  which  said  lands  or  tenements  are  situated.  It 
shall  be  the  duty  of  the  clerk  of  the  said  circuit  court,  and  he  is 
hereby  required,  to  issue  a  writ  of  venditioni  exponas,  directed  to 
the  sheriff  of  his  county,  who  shall  advertise  .and  make  sale  of  said 
lands  and  tenements,  and  make  return  of  the  said  writ,  in  the  same 
manner  as  provided  by  law  for  the  sale  of  lands  and  tenements, 
under  and  by  virtue  of  a  judgment  of  the  circuit  court;  except 
that  return  of  said  writ,  and  the  proceeds  of  said  sale,  shall  be 
made  to  the  justice  of  the  peace  by  whom  judgment  was  rendered, 
at  or  before  the  term  of  his  court  held  next  succeeding  said  sale; 
and  it  shall  be  the  duty  of  said  justice  to  tax  the  fees  and  commis- 
sions due  the  sheriff  and  clerk  of  the  circuit  court,  in  all  such  cases,  ^ 
and  when  collected,  to  pay  them  over  to  said  officer,  who  shall  be 
entitled  to  a  summary  remedy  for  the  same,  by  motion  against  said 
justice,  in  case  of  his  refusal  to  pay  over  said  money  to  the  parties 
"entitled  thereto,  before  any  other  justice  of  the  county,  upon  giving 
him  ten  ctays'  notice  of  the  time  and  place  fixed  for  the  hearing  of 
such  motion;  and  a  copy  of  such  notice  shall  be  served  on  the  jus. 
tice  of  the  peace  against  whom  the  motion  is  made. 


CLAIMANT'S  ISSUE. 

§  1338.  When  an  execution  or  attachment,  issued  b}',  and  return- 
able before  a  justice  of  the  peace,  shall  be  levied  on  property  which 
is  claimed  by  a  third  person,  not  a  party  to  the  execution  or  attach- 
ment, such  claimant  shall  make  oath  and  give  bond,  as  required  where 
ihe  execution  or  attachment  issues  from  a  circuit  court,  and  the  officer 
shall  immediately  return  the  execution  or  attachment,  with  the  afli- 
davit  and  bond,  to  the  justice  who  issued  the  same  ;  and  thereupon 
the  said  justice,  at  the  request  of  either  party,  shall  cause  a  jury  to 
be  summoned  and  empaneled,  as  directed  by  this  act,  to  consist,  when 
sworn,  of  six  persons;  and  the  claim  shall  thereupon  be  tried,  and 
like  proceedings  had,  as  far  as  applicable,  as  directed  in  cases  of  claim 
to  property  levied  on  by  virtue  of  an  execution  or  attachment,  from 
a  circuit  court;  ^9rot>icZecZ,  that  where  the  claimant  shall  not  desire  to 
replevy  the  property,  he  shall  not  be  required  to  give  bond,  and  the 
property  shall  remain  in  the  hands  of  the  officer,  to  abide  the  result 
of  the  trial. 

§  858.  When  any  person,  not  a  party  to  an  execution,  shall  claim 
to  be  the  owner  of  any  pers^onal  property  levied  upon  by  virtue 
thereof,  such  person  may  make  oath  or  affirmation  to  his  right  andi 


Claimant's  Issue.  107 

tille  lo  the  property  so  levied  on,  and  may  enter  into  bond,  payable 
to  tlie  plaintirt"  in  the  execution,  with  one  or  more  good  sureties,  in 
the  penalty  of  double  the  amount  of  the  fair  value  of  the  property 
so  elaimed,  which  value  shall  l)e  estimated  by  the  officer  holding 
such  execution,  and  shall  be  endorsed  thereon,  conditional  for  the 
prosecution  of  said  claim,  with  elTect,  or,  in  ease  lie  fail  therein  for 
the  payment  to  the  plaintiff  in  execution  of  all  such  damages  as  may 
be  awarded  against  the  claimant,  in  case  his  claim  shall  not  be  sus- 
tained, or  shall  appear  to  have  been  made  for  fraudulent  purposes, 
or  for  dela}',  and  that  he  will  well  and  truly  deliver  the  same  prop- 
erty to  the  sheriir  or  other  officer,  if  the  claim  tiiereto  should  be 
determined  against  the  claimant;  and  upon  the  making  of  such 
affidavit  and  bond,  the  sheriff  or  other  officer  holding  the  execution, 
shall  receive  the  same,  and  shall  deliver  said  property  to  said  claim- 
ant, and  shall  return  said  atlidavit  and  bond  with  the  execution,  and 
the  court  shall  thereupon  direct  an  issue  to  be  made  up  between  the 
parties,  to  tr}^  the  right  of  property'  before  a  jury,  at  the  same  term, 
unless  good  cause  be  shown  for  a  continuance. 

§  859.  Further  proceedings  on  such  execution  sliall  be  stayed, 
for  an  amount  equal  to  the  value  of  the  propcrt}^  so  claimed,  as 
endorsed  and  returned  by  the  officer,  until  the  final  decision  of  such 
claim  ;  and  on  all  subsequent  executions  issued  on  the  same  judg- 
ment, prior  to  Abe  final  decision  of  said  claim,  the  clerk  shall  endorse 
the  amount  of  said  estimated  value,  for  the  government  of  the 
officer  to  whom  the  same  ma}'  be  directed. 

§  860.  If,  by  default  of  the  plaintiff  in  execution,  an  issue  for  the 
trial  of  the  right  of  })roperty  so  levied  on  and  claimed,  be  not  made 
up  at  the  term  to  which  such  execution  is  returnable,  the  court  shall 
discharge  the  claimant  from  his  bond,  and  the  said  property'  shall 
never  thereafter  be  subject  to  such  an  execution;  but,  if  from  the 
default  of  the  claimant,  such  issue  be  not  made  up  at  the  first  term 
of  said  court,  the  said  court  shall  cause  a  jur^'  to  be  empaneled,  at 
the  instance  of  the  plaintiff  in  the  execution,  and  sworn  to  execute 
a  writ  or  inquiry  as  to  the  value  of  the  proper}-  claimed  by  said 
claimant,  and  also,  to  inquire  whether  or  not  the  claim  was  made  for 
fraudulent  purposes,  or  for  purposes  of  delay. 

§  861.  On  the  trial  of  an  issue  made  up  on  a  claim  of  property, 
the  burden  of  proof  shall  be  on  the  plaintiff  in  execution  ;  and  such 
issue  shall  be  tried  and  governed  by  the  same  rules  which  regulate 
and  govern  the  trial  of  an  issue  in  an  action  of  detinue;  and  either 
party  to  such  issue  shall  have  all  the  rights  of  continuances,  new 
trials  or  appeals,  in  the  same  manner  as  in  any  action  of  detinue  ; 
and  the  final  judgment,  on  any  such  issue  shall  have  the  like  effect 
on  the  rights  of  the  parties  thereto  as  if  the  same  had  been  given  in 
an  action  of  detinue  ;  and  the  jury  trying  such  issue,  in  case  they 
find  in  favor  of  the  plaintiff  in  execution,  shall  assess  the  true  value 
of  the  property  so  found  subject  to  such  execution,  and  shall  also 
certify  whether  the  claim  of  the  claimant  was  made  for  fraudulent 
purposes,  or  for  purposes  of  delay;  and  if  the  jijiry  shall  omit  to 
find  such  value,  a  writ  of  in(|uiry  may  be   awardeil.     The  valuation 


168  Claimanf s  Issue. 

of  the  officer  takiug  the  bond  of  the  cUiiuiant  shall  in  all  cases  bo 
prima  facie  evidence  of  the  value  of  the  propert}' ;  and  in  case  the 
jury  fail  to  find  the  value  of  the  pi'opert\-,  the  plaintiff"  may,  at  his 
election,  take  judgment  for  tlie  value  assessed 'by  the  said  officer, 
Avithout  resorting  to  a  writ  of  inquiry. 

§  862.  Whenever  a  verdict  shall  be  rendered  in  such  case  in  favor 
of  the  plaintiff  in  execution,  either  on  an  issue  joined,  or  an  inquiry 
by  default,  the  court  s:hall  pronounce  such  judgment  as  would  be 
given  in  an  action  of  detinue,  for  tlie  specific  property,  if  to  be  had, 
and  if  not,  for  its  value  as  assessed  by  the  jury,  and  costs  of  suit; 
and  if  the  jury  shall  find  that  such  claim  was  made  for  fraudulent 
purposes,  or  for  purposes  of  delay,  the  plaintiff  shall  also  recover 
ten  per  centum  damages,  on  the  assessed  value  of  said  property 
which  judgment  shall  be  rendered  jointly  against  the  claimant,  o^' 
his  executors  or  administrators,  and  the  suret_y  or  sureties  in  hi^ 
bond  given  on  said  claim,  or  such  of  said  sureties  as  may  be  livin?^ 
at  the  time  of  said  judgment,  and  execution  shall  issue  thereo''^ 
accordingly;  and  the  original  execution  levied  on  said  property  sha^j 
be  credited  by  the  amount  of  the  value  of  said  property,  as  assessed* 
b}^  the  jur_v,  and  determined  b^' the  judgment  of  the  court  thereupon^ 
to  bear  date  of  the  rendition  of  such  judgment;  and  if  any  balance 
shall  tlien  remain  upaidon  said  original  execution,  another  execution 
may  l)e  issued  therefor  against  the  defendant  or  defendants  therein. 
And  ill  all  cases  where  the  value  of  the  property  so  levied  on  and 
claimed,  may  be  assessed  at  an  amount  greater  than  sufficient  to 
satisfy  said  original  execution,  the  true  amount  due  thereon  shall 
be  endorsed  by  the  clerk,  on  the  execution  issued  against  said  claim- 
ant, and  the  amount  of  such  original  execution,  with  interest  and 
all  costs,  shall  be  received  of  said  claimant,  in  full  satisfaction 
thereof, 

§  863.  Should  the  plaintiff"  or  claimants^  or  any  one  or  more 
of  them,  die  before  final  judgment  on  such  claims  of  property,  the 
same  may  be  prosecuted  or  defended  b}?-  the  executors  or  adminis- 
trators of  such  deceased  party,  and  such  executors  or  administrators, 
may  voluntarily  appear  and  become  i)arties  thereto;  and  in  case  the 
executors  or  administrators  of  such  deceased  claimant  or  claimants 
shall  not  voluntarily  appear,  or  shall  neglect  or  refuse  to  become 
parties  to  the  said  proceedings,  after  having  been  duly  served  with 
a  scire  facias,  five  days  before  the  meeting  of  the  court,  the  court 
may  proceed  to  render  judgment  against  sucli  executors  or  adminis- 
trators of  the  deceased  claimant  or  claimants,  jointly  with  the  other 
parties,  in  the  same  manner,  as  if  such  executors  or  administrators 
had  voluntarily  made  themselves  paities  thereto;  and  in  case  of  th(! 
death  of  a  sole  plaintiff,  or  of  all  the  plaintiffs  in  execution,  before 
final  judgment  therein,  unless  the  representatives  of  the  proper  party 
or  parties,  shall  appear  voluntarily,  or  on  the  return  of  a  scire  facias 
executed,  and  become  parties  to  such  proceedings,  on  or  before  the 
second  term  of  the  court  next  after  the  deatii  of  such  party  shall  have 
been  suggested  on  the  record,  the  said  claimant  shall  be  released  from 
his  bond,  and  the  levj'  on   said  property  discharged.     In  case  of  the 


Sales.  169 

death  of  one  or  more  of  the  plaintiffs  in  execution  or  claimants,  after 
final  judgment,  the  same  proceedings  shall  be  had  by  or  against  the 
survivor  or  survivors,  or  by  scire  Jacias,  and  revival  against  the  rep- 
rrsentatives  of  the  deceased,  as  may  be  had  upon  other  judgments  in 
the  circuit  court. 

§  861.  In  case  tl-ie  claimant  shall  die  before  judgment,  :uid  there 
shall  be  no  representative  of  his  estate,  or  such  representative  shall  fail 
to  appear  and  become  a  party  to  such  issue,  judgnjent  shall  be  entered 
against  the  sureties  on  his  bond,  for  the  property,  or  the  value  thereof, 
as  assessed  by  the  sheriff,  or  to, be  found  by  the  verdict  of  a  jury  em- 
paneled to  inijuire  of  the  same,  at  the  option  of  the  plaintiff,  with 
interest  on  such  value  from  the  date  of  the  claimant's  bond. 

§  865.  In  case  one  or  more  of  the  sureties  on  any  such  claimant's 
bond  shall  die  before  final  judgment,  and  a  verdict  shall  be  given  in 
favor  of  the  plaintiff  in  execution,  judgment  shall  be  rendered  there- 
on qgainat  the  parties  living  and  in  court,  and  the  said  plaintiff  shall 
have  a  8civc  facias  upon  the  said  verdict,  against  the  executors  or 
administrators  of  such  deceased  surety  or  sureties,  to  appear  and  show 
cause  why  judgment  should  not  be  rendered  against  them  on  said  ver- 
dict; and  on  return  of  said  scire  facias  executed,  unless  go(.d  cause  be 
shown  to  the  contrary,  the  court  shall  give  a  separate  judgment  against 
the  representatives  of  such  deceased  surety  or  sui-eties  ;  and  execution 
may  issue  thereon. 

§  866.  When  the  sureties  on  any  clai;jiant's  bend  shall  becom.e 
insufficient  or  irresponsible,  the  court,  on  motion  of  the  plaintiff,  may 
require  additional  security  to  be  given  thereon,  or  a  new  bond,  and  the 
said  additional  sureties,  or  the  sureties  on  such  new  bond,  shall  be  lia- 
able  equally,  and  to  the  same  extent  with  the  original  sureties  ;  and  if 
the  claimant  shall  fail  to  give  such  additional  or  new  security,  judg- 
ment shall  be  civen  against  him,  as  by  default,  for  not  making  up  the 
issue,  and  a  writ  of  inquiry  shall  be  executed. 


SALES. 


§  281,  Sales  b}- constables  shall  be  held  at  such  convenient  times 
and  places  as  they  may  appoint,  and  ten  days'  notice  shall  be  given 
thereof,  by  advertisement,  in  two  or  more  pul)lic  places,  in  the  county 
or  neighborhood  ;,  and  there  shall  not  be  more  than  fifteen  days  be- 
tween the  levy  and  the  sale  of  the  property  levied  on.  The  justice 
shall  make  an  allowance  to  the  constable,  out  of  the  proceeds  of  the 
sale,  for  the  keeping  of  any  live  stock  seized  by  the  constable  on 
execution. 

§  1345.  Jjales  of  personal  property,  under  execution  from  justices 
of  the  peace,  may  be  made  at  any  convenient  point  in  the  district 
wdiere  it  is  found,  or  at  the  courtdiduse  of  the  county,  ou  ten  days' 
written  notice,  posted  at  two  or  more  places  in  the  district  best  cal- 
culated, in  the  opinion  of  the  officer  making  the  levy,  to  give  public 
notice,  or  at  the  court-house  door. 


170  Attaclnnent. 

%  1340.  When  any  property  sluill  be  seized  under  execution,  and 
before  a  sale,  the  execution  shall  expire,  or  when  from  any  cause 
property  seized  shall  remain  unsold  in  the  hands  of  an  officer,  the 
justice  shall  issue  a  venditioni  exponas  for  the  sale  of  such  property. 

^  846.  All  sales  b^^  any  sheriff  or  other  ofliicer,  by  virtue  of  any 
execution  or  other  process,  shall  be  made  at  the  court  house  of  the 
county,  except  when  personal  property,  too  cumbersome  to  be  re- 
moved, shall  be  levied  on,  which  may  be  sold  at  the  place  where  the 
same  may  be  found,  or  at  any  other  convenient  place,  and  also,  ex- 
cept where  cattle,  hogs,  sheep,  or  stock,  other  than  horses  and  mules, 
are  levied  on,  the  sale  of  which  may  be  made  within  the  usual  hours, 
on  ten  days'  notice,  at  the  most  public  place  in  the  neighborhood  of 
the  defendant;  and  such  sales  may  be  made  on  the  first  Monday  of 
every  month,  or  on  the  first  Monday  or  Tuesday  of  each  term  of 
the  circuit  court  of  the  county,  and  shall  not  commence  sooner 
than  eleven  o'clock  in  the  forenoon,  nor  continue  later  than  four 
o'clock  in  the  afternoon.  Sales  of  lands  shall  be  advertised  in  a 
newspaper  published  in  the  count}',  once  in  each  week,  for  three 
successive  weeks;  and,  if  there  be  no  such  newspaper,  or  if  the 
publisher  thereof  shall  refuse  to  publish  such  advertisement,  then 
such  notice  shall  be  given  by  putting  up  advertisements,  thirty  days 
before  the  sale,  in  five  public  places,  one  of  wliich  shall  be  at  the 
court-house  ;  and,  in  case  of  the  sale  of  any  personal  property, 
notice  shall  be  given  by  putting  up  advertisements  ten  days  before 
the  day  of  sale,  in  five"  public  places  in  the  county,  one  of  which 
shall  be  at  the  court-house  door,  and  the  ofl[jcer  shall  proceed,  at 
the  time  and  place  specified  in  the  notice,  to  sell,  by  auction,  to  the 
highest  bidder,  the  property  levied  on,  or  so  much  thereof  as  will 
satisfy  the  execution  and  all  costs. 

§  847.  Whenever,  from  a  defect  of  bidders,  caused  by  inclement 
weather  or  otherwise,  the  property  shall  not  be  likely  to  command  a 
reason.able  price,  the  sheriff  or  officer  may  adjourn  the  sale,  and  re- 
advertise  the  same  for  a  subsequent  sale  day  ;  and  whenever  the 
sales  advertised  for  a  particular  day  shall  not  be  completed  on  that 
da.y,  the  same  may  be  continue*d  from  day  to  day  until  completed, 
notice  of  such  continued  sale  being  given  to  the  assembly,  at  the 
close  of  the  first  day's  sale. 


ATTACHMENT. 

EXTENT    OF    REMEDY    AND    GROUND    VOli.    ATTACHMENT. 

§  1419.  The  remedy,  by  attachment,  shall  apply  for  the  enforce- 
ment of  all  liquidated  or  ascertained  debts,  of  every  name  and  de- 
scription, whether  due  by  bond,  note  or  open  account,  or  otherwise. 
It  shall  extend  to  all  claims  for  damages,  for  the  breach  of  any  con- 
tract, express  or  implied,  and  whethor  written  or  unAvritten.  and  to 
all  demands  or  claims  founded  upon  any  of  the  penal  laws  of  this 
state. 


The  Affidavit— Bond.  171 

§  1420.  All  attachments  shall  bo  predicated  upon  one  or  more 
of  the  following  grounds,  and  no  others  :  1st,  that  the  defendant  is 
a  foreign  corporation,  or  is  a  non-resident  of  tliis  state  ;  or,  2d,  that 
he  has  removed,  or  is  about  to  remove  himself,  or  his  property,  out 
of  this  state  ;  or,  3d,  that  he  so  absconds,  or  conceals  himself,  that 
he  cannot  be  served  with  a  summons  ;  or,  4th,  that  he  has  property 
or  rights  in  action,  which  he  conceals,  and  unjustly  refuses  to  ap- 
ply to  the  payment  of  his  debts  ;  or,  5th,  that  he  has  assigaed  or 
disposed  of,  or  is  about  to  assign  or  dispose  of,  his  propert}'  or  rights 
in  action,  or  some  part  thereof,  with  intent  to  defraud  his  creditors, 
or  give  an  unfair  preference  to  some  of  them  ;  or,  6th,  that  he  hath 
converted,  or  is  about  to  convert  his  propert3'"into  monej',  or  evi- 
dences of  debt,  with  intent  to  place  it  "beyond  the  reach  of  his 
creditors;  or,  7th,  that  l.e  fraudulently  contracted  the  debt,  or  in- 
curred the  obligation,  for  which  suit  has  been  or  is  about  to  be 
brouiiht. 


THE  AFFIDAVIT. 

sj  1421.  liefore  any  writ  of  attachment  shall  issue,  the  creditor, 
or  his  agent  or  attorney,  shall  make  affidavit,  before  a  judge  of  the 
sui)rcme  court,  a  justice  of  the  i)eace,  a  clerk  of  the  circuit  court, 
a  clerk  of  the  chancery  court,  or  the  mayor  or  chief  magistrate  of 
an  incorporate  city  or  town,  of  the  amount  of  his  debt  or  demand, 
to  the  best  of  his  Ivnowledge  and  belief,  stating  how  the  same  is  due, 
whether  by  note,  open  account,  or  bond,  or  claimed  as  damages  for 
breach  of  contract,  or  claimed  under  a  penal  law  of  the  state. 

§  1422.  The  affidavit  shall  contain  a  statement  of  the  existence 
of  one  or  more  of  the  seven  grounds  for  attachment  set  forth  in 
section  1420  of  this  Act,  not  stated  dipjnnctively,  but  conjunctively, 
except  where  one  of  the  distinct  grounds  for  attachmeut  contains,  within 
itself,  two  disjunctive  matters. 

g  1423.  If  the  affidavit  purport  to  be  made  l)y  an  agent,  or  attor- 
ney in  fact,  of  the  attaching  creditor,  the  statement  thereof,  in  the  body 
of  the  affidavit,  shaU  be  pi'i^^d  fdcie  evidence  of  such  character  and 
authority. 

v>  14v4.  The  officer  taking  such  affidavit  shall  carefully  preserve 
the  same,  and  return  it  to  the  court  having  jurisdiction  of  the  case,  on 
or  before  the  return  day  of  the  writ  of  attachment. 


THE  BOND. 

§  1425.  Every  officer  granting  an  attachment  shall,  before  he  issues 
the  same,  take  a  bond,  with  good  and  sufficient  security,  from  the 
attaching  creditor,  or  his  agent  or  attorney  in  fact,  in  double  the  amount 
of  the  principal  sum  alleged  in  the  attidavit  to  be  due,  payable  to  the 


I'J'-  Writ — how  issued,  etc. 

defendant  in  attachment,  and  his  heirs,  executors,  and  administrators, 
with  a   condition  thereto  in  the  form,   or  to  the  effect  following  : 

"  The  condition  of  tlie  above  obligation  is  such,  that,  whereas,  the 

above  bound, ,  hath,  on  the  day  of  the  date  hereof,  prayed  an 

attachment,  at  the  suit  of ,  against  the  estate  of  the  above  named 

,  for  the  sum  of ,  and  and  hath  obtained  the  same,  return- 
able to  the court,  of  the ,  of ,  to  be  held  at , 

on  the day  of next. 

"Now,  if  the  said  plaintiff,  in  the  said  attachment,  shall  well  and 
truly  pay  and  satisfy  to  the  said  defendant,  all  such  damages  as  he 
shall  sustain,  by  reason  of  the  wrongful  sueing  out  of  the  said  attach- 
ment, and  shall  also  pay  all  costs  which  may  be  awarded  against  the 
said  plaintiff,  in  'said  suit,  then  the  above  obligation  to  be  void,  other- 
wise to  remain  in  full  force  and  effect." 

§  1426.  If  such  bond  purport  to  be  executed  by  an  agent  or  attor- 
ney in  fact  of  the  attaching  creditor,  a  statement  thereof,  in  the  bond, 
shall  be  ^j;7";««  facie  evidence  that  the  agent  or  attorney  in  fact,  liad 
due  authority  to  act. 

v^  1427.  The  attachment  bond  shall  be  carefully  preserved,  by  the 
officer  taking  the  same,  and  l)y  him  returned  to  the  court  having  juris- 
diction of  the  case,  on  or  before  the  return  day  of  the  writ  of  attach- 
ment, and  he  shall  endorse  thereon  his  approval  of  the  same. 


WRIT-HOW  ISSUED  AND  EETUENABLE. 

S  1428.  The  writ  of  attachment  may  be  issued  by  any  officer  herein 
authorized  to  take  affidavits  for  attachments.  If  issued  by  a  clerk  of 
a  court  of  record,  the  writ  shall  be  signed  by  such  clerk,  with  the  seal 
of  the  court  attached.  If  issued  by  any  other  of  the  officers  author- 
ized, it  shall  be  uuder  the  hand  of  such  officer,  and  shall  be  made  re- 
turnable to  the  first  day  of  the  next  term  of  the  court  having  jurisdic- 
tion of  the  case. 

g  1429.     Attachments  shall  be  in  the  form,  or  to  the  effect  following  : 

"  The  State  of  Mississippi  : 

"To  the  sheriff,  coroner  or  any  constable  of  ....  county,  greeting  : 

"Whereas,  A.  B.  (or  C.  D.,  agent  and  attorney  in  fact  of  A.  B.,  as 
the  case  may  be,)  has  this  day  complained  by  affidavit  before  me,  (de- 
scribing the  character  of  the  officer,)  that  E.  F.  is  justly  indebted  to 
the  said  A.  B.  in  the  sum  of  ....  dollars,  or  thereabout,  due  by  .  . . , 
(describing  the  nature  of  the  claim,)  and  oath  having  been  also  made 
before  me  that  (here  recite  the  ground  or  grounds  for  attachment 
contained  in  the  affidavit,)  and  bond  with  security  having  been 
given  to  me  pursuant  to  the  statute,  you  are  therefere  hereby  com- 
manded to  forthwith  attach  the  estate,  real  and  personal,  of  the  afore- 
said E.  F.,  in  your  county,  to  the  full  value  of  said  demand,  and  the 
probable  cost  of  this  proceeding,  and  that  you  safely  keep  the  property 
so  attached  or  levied  upon  in  your  hands,  unless  replevied  according  to 


Levying  and  Serving  Writ.  173 

law,  so  as  to  compel  the  aforesiaid   E.  F.  to  appear  before  the 

court  of  said  county,  to  be  held  at  . . . . ,  on  the  ....  of  .  . . . ,  18 . . ,  to 
answer  uuto  the  coinpLiint  of  the  aforesaid  A.  B.,  and  that  you  sum- 
mons the  said  defendant,  if  to  be  found  in  your  county,  to  be  and  per- 
sonally appear  at  the  court  aforesaid,  on  the  first  day  of  the  term  above 
named,  then  and  there  to  answer  accordingly. 

"Witness  (officers  issuing  the  writ)  this  the  ....  day  of  .  .  .  . ,  18.  .." 

<<  1130.  If,  at  the  time  of  issuing  the  writ  of  attachment,  the  at- 
tacliing  creditor  shall  suggest,  that  any  person  is  indebted  to  the  debtor, 
or  has  properly  of  his  in  his  hands,  or  knows  of  any  other  person  so 
indebted,  or  who  has  effects  or  property  of  the  debtor  in  his  hands,  the 
officer  issuing  the  writ  of  attachment  shall  insert  therein  a  command 
to  the  otlicer,  to  summon  such  person  to  ap])ear  on  the  return  day  of 
the  attachment,  and  answer,  in  writing,  as  garnishee  of  the  defendant 
in  the  attachment. 

§  1431.  When  two  or  more  persons,  not  residing  in  this  State,  are 
jointly  indebted,  the  writ  of  attachment  may  be  issued  against  such 
debtors,  or  any  of  them,  by  their  proper  names,  or  by  the  name  of  the 
partnership,  or  by  whatever  other  name  such  debtors  may  be  called,  or 
known  in  this  State,  or  against  the  heirs,  executors  or  administrators 
of  them,  or  any  or  either  of  them,  and  may  be  levied  upon  the  separate 
or  joint  estate,  or  both,  of  such  debtors,  and  the  lands,  tenements, 
money,  goods,  chattels,  effects,  rights  and  credits  of  such  debtors,  or 
or  any  or  either  of  them,  shall  be  liable  to  be  seized  and  taken,  for  the 
satisfaction  of  any  debt  or  demand,  for  which  an  attachment  will  lie 
by  this  chapter. 

§  1432.  The  officer  granting  an  attachment,  may  issue  duplicate 
writs  to  any  otlier  county  in  which  the  defendant  may  have  property  or 
debts  due  him,  which  writs  shall  be  returnable  to  tlie  court  to  which"  the 
original  is  returnable,  and  shall  be  executed  and  returned  in  like  manner- 
and  when  the  attachment  has  not  been  executed,  or  where  no  property 
has  been  found,  or  not  sufficient  to  satisfy  the  debt,  or  where  the 
plaintiff  desires  to  garnishee  other  persons,  the  clerk  of  the  court, 
to  which  the  same  is  returnable,  may  issue  alias  writs,  to  the  same 
or  other  counties,  without  a  renewal  of  the  bond  or  affidavit. 

§  1433.  Affidavits  for  attachments,  and  writs  of  attachment,  may 
be  made  and  issued  on  the  Sabbath  day;  and  attachments  may  be 
served  and  executed  on  that  day,  if  necessary. 


MODE  or  LEVYING  AND  SERVING  WRIT. 

§  1434.  The  officer  who  shall  receive  such  attachment,  shall  forth- 
with serve  and  levy  the  same,  upon  the  lands  and  tenements,  mone}-, 
goods,  chattels  and  debts  of  the  defendants,  wherever  the  same  may 
be  found,  or  in  the  hands  of  any  person  indebted  to,  or  having  effects 
of  the  defendant,  and  shall  summon  such  person  as  garnishee,  to 
appear  at  the  court  to  which  the  attachment  is  returnable,  there  to 
answer  on  oath  what  he  is  indebted,  or  was  indebted  to  the  defend- 


174  Levying  and  Serving  Writ. 

ant,  at  the  time  of  the  service  of  tlie  attachment,  or  what  eflects  of 
the  defendant  he  hath  in  his  hands,  or  had  at  the  time  of  the  service 
of  the  attachment,  and  what  effects  or  debts  of  the  defendant  there 
are  in  the  hands  of  an}?-  other  person,  to  his  knowledge  or  belief; 
and  such  officer  shall  have  power  to  seize  the  books  of  account,  and 
other  evidences  of  indebtedness  belonging  to  the  ('.efendant,  and 
to  summons,  as  garnishees,  all  persons  appearing  thereby  to  be  in- 
debted to  the  defendant,  and  to  levy  on  the  stock,  share  or  interest 
which  the  defendant  may  have  or  own  in  any  co-partnership  or  incor- 
porated company  ;  and  all  property,  debts  and  choses  in  action 
attached,  shall  be  bound  by  such  attachment  from  the  date  of  the 
service  thereof;  if  the  defendant  can  be  found,  the  said  officer  shall 
also  summon  him  to  appear  and  answer  the  action. 

S  1435.  Every  writ  of  attachment  shall  be  executed  in  the  fol- 
lowing manner,  that  is  to  say,  in  case  of  a  levy  on  real  estate,  the 
officer^hall  go  to  the  house  or  land  of  the  defendant,  or  to  the  per- 
son or  house  of  the  person  in  whose  possession  the  same  may  be, 
and  then  and  there  shall  declare  that  he  attaches  the  same,  at  the 
suit  of  the  plaintiff  in  the  said  writ  named.  But  in  the  event  the 
land  is  wild,  uncultivated  or  unoccupied,  a  return  upon  the  writ,  by 
the  proper  officer,  that  he  has  attached  the  land,  giving  a  description 
thereof  by  numbers,  metes  and  bounds,  or  Otherwise,  shall  be  a 
sufficient  "levy,  without  going  upon  the  land.  In  case  a  levy  on  the 
stock,  share  "or  interest  of  the  defendant  in  any  co-partnership  or 
incorporated  company,  the  officer  shall  go  to  the  office  or  place  of 
business  of  such  partnership  or  company,  and  in  the  presence  of 
such  officers,  clerks,  or  agents  thereof  as  may  be  present,  shall  make 
a  similar  declaration  as  in  the  case  of  real  estate.  In  case  of  a  levy 
o\\  the  rights,  credits,  and  choses  in  action  of  the  defendant,  the 
officer  shall  seize  and  take  into  possession  the  books  of  account  and 
all  other  evidences  of  indebtedness,  if  the  same  can  be  had,  and  shall 
summon  all  persons  alleged  to  be  indebted  to  the  defendant,  or  to 
have  effects  of  said  defendant  in  their  hands,  to  appear  and  answer 
as  o-arnishees;  and  in  case  of  a  levy  on  money,  goods  or  chattels  of 
the^defendant,  the  officer  shall  take  the  property  into  possession, 
and  safely  keep  the  same,  to  answer  and  abide  the  judgment  of  the 
court,  unless  such  third  person  as  may  have  the  same  in  possession, 
shall  enter  into  bond  with  securit.v,  to  be  approved  by  the  officer, 
payable  to  the  plaintiff'  in  attachment,  in  double  the  value  of  the 
property  attached,  conditioned  to  have  said  property  forthcoming 
to  answer  and  abide  the  judgment  of  the  court  in  said  suit. 

§  1436.  The  officer  serving  an  attachment,  shall  make  a  full 
report  thereon  of  all  his  proceedings,  on  or  before  the  return  day 
of  the  writ.  He  shall  deliver  to  the  court  or  clerk,  all  bonds  which 
he  may  have  taken,  pursuant  to  the  law. 

S  1437.  If  a  writ  of  attachment,  returnable  to  the  circuit  court, 
be' served  by  a  constable  or  coroner,  or  marshal  of  a  city,  or  by  any 
other  person  specially  appointed  for  that  purpose,  the  writ  of  attach- 
ment, with  the  return  thereon,  and  all  property  and  effects  levied  on 
shall'forthwith  be  handed  to  the  sheriff  of  the  proper  county,  who 


Property  may  he  Replevied.  175 

shall  be  responsible  for  tlie  proiicrty  so  seized,  uuless  such  sheriff 
should  be  u  paity,  iu  which  event,  the  officer  serving  the  attachment, 
shall  make  the  return,  and  likewise  retain  the  property,  unless  the 
court  or  judge,  in  vacation,  shall  make  some  order  I'oi"  the  safe  keep- 
ing and  forthcoming  thereof. 

^  1438.  Any  oHlL-er  to  whom  a  writp!'  attachment  may  l)e  deliv- 
ered, may,  either  before  or  after  serving  the  same,  demand  of 
the  plaintiff,  or  his  agent  or  attorney,  a  bond  of  indemnity,  to  save 
him  harmless  from  all  claimants  of  the  property  seized,  or  to  be 
seized,  under  sueii  writ. 


HOW  PROPERTY  MAY   BE  REPLEVIED. 

§  1439.  The  defendant,  at  any  time  before  final  judgment,  may 
replevy  the  personal  property  seized,  and  taken  into  possession  by 
the  officer  serving  the  attachment,  by  giving  such  officer  a  bond,  with 
sufficient  security,  to  be  approved  by  liim  payable  to  the  plaintiff,  in 
double  the  valua  of  such  property,  conditioned  to  have  said  property 
forthcoming,  to  answer  and  abide  the  judgment  of  the  court  m  said 
suit,  or  in  default  thereof,  to  pay  and  satisfy  the  judgment  to  the 
extent  of  the  value  of  said  property;  and  on  the  execution  of  such 
bond,  the  said  officer  shall  restore  to  the  defendant,  the  property  so 
I'eplevied,  and  shall  return  the  bond  so  taken,  with  the  said  writ  of 
attachment,  and  all  his  proceedings  thereon.  Such  replevy-  shall 
not  affect  the  lien  of  the  attachment,  or  the  proceedings  thereon,  as 
to  any  rights,  credits,  or  choses  in  action,  of  the  defendant. 

§  1440.  If  any  defendant  in  attnchment  shall,  at  any  time  before  the 
return  thereof,  execute  and  deliver  to  the  officer  serving  the  same,  a 
bond,  with  two  or  more  sufficient  sureties,  to  be  approved  by  said  offi- 
cer, pa3'able  to  the  plaintiff'  in  attachment,  iu  a  penalty  double  the 
amount  claimed  by  said  plaintiff,  conditioned  to  pay  and  satisfj-  any 
judgment  which  may  be  recovered  by  the  plaintiff  in  said  suit,  with 
all  costs,  the  said  attachment  shall  be  thereby  discharged  ;  and  all 
the  property  of  ever^^  kind  levied  on,  attached,  or  seized  by  virtue 
thereof,  shall  be  released  and  restored  to  such  defendant.  The  said 
bond  shall  be  returned  with  the  attachment  ;  and  in  case  of  any  re- 
covery by  the  plaintiff"  in  said  suit,  judgment  shall  be  entered  up 
against  the  defendant  and  the  sureties  in  the  said  bond.  After  the 
return  of  said  attachment,  the  ])ond  herein  provided  for  may  be 
given,  at  any  time  before  final  judgment,  and  may  be  taken  b}'  the 
sheriff,  or  officer  by  whom  the  attachment  was  served,  iu  case  an}' 
of  the  attached  property  remains  in  his  hands,  or  otherwise,  by  the 
clerk  of  the  court  iu  which  the  attachment  is  pending. 

§  1441.  If  the  plaintiff  shall  be  dissatisfied  with  the  bond  or 
security,  given  by  the  garnishee  or  the  defendant,  as  hereinbefore 
provided,  he  may,  within*  sixty  days  after  the  return  day  of  said 
attachment  and  bond,  by  i)etition  to  the  judge  of  the  court,  or 
to  one  of  the  judges  of  the  supreme  court,  obtain  a  citation  to 
the  sheriff,   or   other  oflioer  taking   such   bond,   to  appear   before 


ITG  Garnishee's  Proceedings. 


'j=)' 


such  judge,  afc  such  time  and  place  as  he  may  appoint,  not  less 
than  live  days  after  the  service  thereof,  and  show  cause,  if  he  can, 
wh}'  the  said  bond  or  the  security  shall  not  be  adjudged  insufficient; 
and  such  judge  shall,  then  and  there,  examine  said  bond,  and  hear 
such  testimony  as  either  party  may  offer;  and  in  case  such  judge 
shall  consider  the  said  bond,  or  the  security,  to  be  insufficient,  then 
such  sheriff  or  other  officer  shall  be  subject  to  the  same  judgment 
with  the  surety  in  such  bond,  in  the  same  manner  as  if  he  were 
CO- surety  thereon. 


PEOCBEDIN&S  BY  AND  AGAINST  GABNISEEE3. 

v<  1442.  When  any  garnishee,  duly  summoned,  shall  fail  to  ap- 
pear and  discover,  as  by  this  chapter  directed,  the  court  shall  enter 
a  judgment  against  him  for  the  amount  of  the  plaintiff's  demand, 
and  all  costs,  and  such  judgment  shall  be  final,  unless  cause  be 
shown  to  the  contrary  during  the  same  term,  and  execution  shall 
issue  thereon;  provided,  any  such  garnishee  may  answer  under  oath, 
to  be  certified  by  any  person  authorized  to  administer  an  oath,  and 
forward  the  answer  to  the  court  in  which  said  suit  is  pending, 

§  1443.  Garnishees  shall,  in  all  eases,  answer  within  the  three 
first  days  of  the  return  term,  unless  the  court,  for  cause  shown, 
shall  grant  further  time  ;  and  if,  upon  the  answer  or  examination 
of  an}" garnishee,  it  shall  appear  that  there  is  any  estate  of  the  de- 
fendant's in  the  hands  ot  any  person  not  summoned,  the  court  shall 
grant  an  attachment,  to  be  levied  on  the  property  in  the  hand^  of 
such  person,  who  shall  appear  and  answer,  and  be  liable  as  other 
garnishees. 

^  1444.  If  a  garnishee  admits  an  indebtedness  not  then  due, 
execution  shall  be  stayed  until  its  maturity;  and  if  he  admits  the 
possession  of  goods  or"^  chrttels  of  the  defendant,  not  seized  by  the 
sheriff,  such  goods  or  chattels  shall  be  delivered  to  the  sheriff,  unless 
the  garnishee  shall  give  bond  for  the  forthcoming  thereof,' as  herein- 
before provided. 

§  1445.  When  the  plaintiff  shall  allege  that  the  garnishee  has 
not  made  a  full  and  true  discovery  of  the  debt  due  by  him  to  the 
defendant,  or  of  the  property  in  his  possession  belonging  to  the 
defendant,  he  shall,  at  the  term  when  the  answer  is  filed,  unless  the 
court  grant  further  time,  controvert  the  same  in  writing,  specifying 
in  what  particulars  he  believes  the  answer  to  be  incorrect.  The 
court  may  direct  a  jury  to  be  empaneled  immediately,  unless  good 
cause  be  shown  for  a  continuance,  to  inquire  what  is  the  true  amount 
due  from  such  garnishee  to  the  defendant,  and  what  goods  or  chat- 
tels are  in  his  possession  belonging  to  the  defendant;  and  the  court 
shall  o-rant  judgment  upon  the  verdict  of  the  jury,  as  if  the  facts 
found'had  been  confessed  by  the  garnishee  in  his  answer.  _  If  the 
answer  of  the  garnishee  be  "^fouud  true,  he  shall  recover  his  costs 
against  the  plaintiff. 

^  1446.     The  courts  having  jurisdiction  of  an  attachment,  may 


'    Garnishee' s  Proceeclhigs.  177 

summon  any  griniisliec,  from  one  county  to  another,  who  shall  in  all 
respects  bo  proceeded  against  in  the  same  manner  as  garnishees 
residing  within  the  county  where  the  attachment  is  retui'nabie.  It" 
the  garnishee,  whose  answer  is  contested,  shall  not  be  a  resident  of 
the  county  in  which  the  suit  is  pending,  then,  upon  an  issue  being" 
made  upon  his  answer,  the  venue  for  the  trial  of  the  issue  shall  be 
changed,  on  his  api)lication,  to  the  county  of  his  residence.  The 
court  in  which  the  issue  is  tried,  shall  be  authorized  to  grant  new 
trials  and  continuances,  as  in  other  cases,  and  the  verdict  of  the 
jury  shall  ])e  certified  by  the  eleriv,  and  returned  with  the  issue,  to 
the  court  in  which  the  suit  is  pending,  and  judgment  shall  be  entered 
thereupon,  as  if  the  verdict  had  there  been  found. 

§  1447.  No  final  judgment  upon  a  garnishment  shall  go  against 
a  surety  or  accommodation  endorsed,  until  judgnieut  shall  go  against 
the  princi[)al,  and  the  preceding  endorsers  orco  sureties,  who  may  be 
liable  to  judgment,  if  they  be  residents  of  this  State. 

§  1448.  If  the  personal  property  attached,  or  any  part  thereof, 
shall  have  been  left  in  the  h.inds  of  the  garnishee,  on  his  giving 
bond,  as  hereinbefore  prescribed,  or  shall  have  been  replevied  by 
the  defendant,  tiie  jury  trying  the  issue  between  the  parties,  if  they 
find  for  the  jjlaintitf,  shall  assess  the  value  of  the  property  so  left  in 
tlie  hands  of  the  garnishee,  or  replevied  by  the  defendant,  as  well 
as  the  debt  or  damages  due  the  plaintifi";  and  ii'  the  value  of  the 
property  shall  equal  the  amount  found  due  the  plaintiff,  judgment 
shall  be  entered  against  such  garnishee  and  his  sureties,  or  against 
the  defendants  and  his  sureties,  on  such  replevin  bond,  for  the  amount 
of  said  verdict;  and  if  the  value  of  the  property  be  less  than  the 
amount  found  due  the  plaintiff,  judgment  shall  be  entered  against 
defendant,  for  the  amount  of  the  verdict,  and  against  the  sureties  in 
hs  replevin  bond,  or  against  the  garnishee  and  his  sureties,  for  the 
value  of  the  property  so  replevied,  or  left  in  the  hands  of  such 
garnishee;  and  if  judgment  by  default  shall  be  entered,  in  such  case, 
againt  the  defendant,  a  writ  of  inquir}"-  shall  be  awarded,  to  assess 
the  value  of  the  property  so  replevied,  or  left  in  the  hands  of  the 
garnishee;  on  the  execution  thereof,  judgment  shall  be  entered,  as 
above  provided.  In  all  cases  provided  for  in  this  article,  the  judg- 
ment against  the  sureties  of  the  defendant,  or  against  the  garnishee 
and  his  sureties,  shall  be  satisfied  and  discharged,  by  the  deliverv 
to  the  sheriff  of  the  county,  of  the  property  replevied  or  left  in  the 
hands  of  the  garnishee,  within  ten  day  after  execution  on  such 
judgment  shall  have  come  to  his  hands;  and  such  sheriff  shall  sell 
the  property  so  delivered  to  him,  and  apply  the  proceeds  to  the  pay- 
ment of  the  execution;  and,  in  all  cases,  the  valuation  of  the  prop- 
ert}',  by  the  officer  taking  such  bond,  shall  be  inima  facie  evidence 
in  favor  of  the  plaintiff,  of  the  value  of  the  propert}'. 

§  1449.  Tiie  defendant,  in  'attachment,  may  contest  the  answer 
of  any  garnishee,  and  may  allege  that  the  garnishee  is  indebted  to 
him  in  a  larger  sum  than  he  has  admitted,  or  that  he  holds  property 
of  the  defendant  not  admitted  by  the  answer,  and  shall  specify  in 
writing,  in  what  particulars  the  answer  is  untrue  or  defective  ;  and 
12 


178  Garnishee's  Proceedings^ 

thereupou  aa  issue  shall  be  made  r.p,  or  the  answer  aud  exception 
shall  constitute  aa  issue,  to  be  tried  by  a  jury,  but  this  controvers}' 
shall  not  prevent  the  plaintiff"  from  taking  judgment  for  the  sum 
admitted  by  the  garnishee,  or  for  the  condemnation  of  the  property 
admitted  to  be  in  liis  hands. 

^.  1450.  If  the  issue  be  found  against  the  garnishee,  judgment 
shall  be  rendered  against  him  for  the  amount  of  money  or  property 
in  his  hands  not  admitted  by  him,  which  judgment  shall  be  in  favor 
of  the  plaintiff,  if  necessary \o  satisfy  his  judgment  or  claim  against 
the  defendant,  or  in  favor  of  the  defendant,  if  the  judgment  of  the 
plaintiff  has  been  satisfied,  or  for  so  much  thereof  as  may  remain 
after  satisfying  said  judgment. 

§  1451.  "When  a  garnishee,  by  his  answer,  or  at  any  time  before 
or'after  final  judgment  against  him,  shall  allege  that  he  has  been 
notified  that  another  person  claims  title  to,  or  an  interest  in  the  debt 
or  property  which  has  been  admitted  by  him,  or  found  by  a  jury  to 
be  due,  or  to  be  in  his  possession,  and  shall,  if  the  question  be  of  a 
debt  due,  pay  into  the  court  the  amount  thereof,  the  court  shall  sus- 
pend all  further  proceedings,  and  cause  a  citation  to  issue  to  the 
person  so  claiming  to  appear  at  the  next  term  of  the  court,  and 
contest  with  the  plaintiff  the  right  to  such  money  or  property  ;  or, 
if  such  claimant  be  a  non-resident,  publication  shall  be  made  in  the 
same  manner  as  against  non-resident  defendants  in  attachment. 

§  1452.  If  the  claimant  fail  to  appear,  the  court  shall  adjudge 
the  money  or  property  to  the  plaintiff'.  If  he  appear,  he  shall 
propound  his  claim  to  the  debt  or  disputed  property,  in  writing, 
under  oath  or  affirmation,  and  the  plaintiff  may  take  issue  thereon, 
and  the  same  shall  be  tried  and  determined  as  other  causes  in  said 
court,  and  the  court  shall  adjudge  the  money  or  property  to  the 
party  that  may  be  found  entitled  to  the  same  ;  and  in  all  such  cases 
the  garnishee  shall  be  protected  from  all  further  liability  to  either 
part}',  in  respect  to  such  debt  or  property. 

§  1453.  If  a  garnishee  in  attachment  shall  pay  over  or  deliver, 
in  pursuance  of  the  judgment  or  process  of  the  court,  any  money 
or  property,  which  has  been  due,  or  belonging  to  the  defendant  be- 
fore notice  of  any  sale,  assignment  or  transfer  thereof,  by  the  de- 
fendant, to  any  other  person,  such  garnishee  shall  not  thereafter  be 
liable  for  said  debt  or  property  to  the  vendee  or  assignee  thereof. 

§  1454.  The  garnishee  shall  be  allowed,  by  the  court,  reasonable 
satisfaction  for  his  attendance,  out  of  the  debt  or  effects  in  his  pos- 
session; or  against  the  plaintiff  in  attachment,  in  case  there  be  no 
debt  or  effects  in  his  possession;  ^^rovuZecZ,  he  shall  put  in  his 
answer  at  the  return  term  of  the  attachment  within  the  time  pre- 
scribed by  law. 


ATTACHMENTS  FOR  DEBTS  NOT  DUE. 

§  1455.     When  any  creditor,  whose  debt  is  not  due,  shall  make 
affidavit  that  he  has  just  cause  to  suspect,  and  veribly  believes,  that 


Claim  hy  Third  Party.  171) 

his  debtor  will  remove  himself,  or  his  cfTccts,  out  of  the  state,  be- 
fore tlie  said  debt  will  become  payable,  with  intent  to  hinder,  delay 
or  defraud  liis  creditors,  or  that  he  hath  removed,  with  like  intent, 
leaving  ])roperty  in  this  state,  and  shall  give  bond,  as  in  other  cases, 
lie  may  obtain  an  attachment  in  the  county  wliere  the  debtor  resides, 
or  last  resfded,  or  where  iiis  i)ro[)crty  may  be  I'ouud  ;  whieii  attach- 
ment shall  be  issued,  executed  and  returned,  and  the  like  proceed- 
ings had  thereon,  as  in  other  cases  of  attachment;  and  if  the  debtor 
shall  not,  on  or  before  the  return  (h^y  thereof,  enter  into  bond  to  the 
plaintiff,  in  double  the  sum  due,  with  suflicient  sccurit^y,  for  the  pay- 
ment of  said  debt,  when  it  sli^U  become  payable,  and  the  costs  of 
the  attachment,  the  court,  on  due  proof  of  the  justice  thereof,  shall 
grant  judgment,  as  in  otlier  cases  of  attachment  ;  and  on  giving 
such  bond,  the  same  shall  be  handed  over  to  the  said  plaintitf,  and 
the  attachment  shall  thereupon  be  discharged.  When  judgment 
shall  be  rendered,  execution  against  any  garnipliee  indebted  to  the 
defendant  shall  be  stayed,  until  the  claim  of  the  plaintiff,  or  the 
garnishee's  debt  to  the  defendant,  shall  become  due,  and  the  goods 
and  property  attaclied  shall  be  sold  on  a  credit,  until  the  time  when 
the  plaintiff's  claim  shall  be  payable.  The  sheriff,  or  other  oQicer 
selling  such  property,  shall  take  bond  from  the  purchasers,  paj-able 
to  the  plaintiff  in  attachment,  for  the  amount  of  his  debt,  interest 
and  costs,  which  bond  shall  be  returned  with  the  execution,  and,  if 
not  paid  at  maturity,  shall  have  the  force  and  effect  of  ii  judgment, 
and  execution  may  issue  thereon,  as  on  a  judgment  of  a  court  of 
record  ;  and  where  the  property  shall  sell  for  more  than  the  debt, 
interests  and  costs,  the  officer  shall  take  a  bond  for  the  surplus  to 
the  defendant,  and  deliver  the  same  to  him  ;  but  no  more  property 
shall  be  sold  than  is  necessary  to  satisfy  the  judgment,  except  where 
the  property  cannot  be  divided  ;  and  the  officer  making  the  sale 
shall  only  be  entitled  to  commissions  on  the  amount  of  the  plaintiff's 
demand,  and  the  costs  and  commissions  shall  be  included  in  the 
bond  or  bonds,  taken  to  the  plaintiff",  who  shall  be  liable  therefor  to 
the  officers  of  the  court.  If  the  defendant  shall  have  replevied  the 
l)roperty,  execution  against  the  defendant,  and  the  sureties  in  the 
replevin  ])ond,  shall  be  stayed,  until  the  plaintiff's  claim  becomes 
due  and  paj-able. 


CLAIM  BY  THIED  PARTY. 

i^  1456.  Whan  property  is  levied  on,  under  any  writ  of  attach- 
ment, and  the  same  is  claimed  by  any  third  party,  as  being  his  prop- 
erty', such  third  party  shall  be  entitled  to  all  the  provisions  made 
by  law  relative  to  claimant's  issues,  in  the  circuit  court,  growing- 
out  of  levies  under  writs  of  fieri  facias.  All  the  proceedings  shall 
conform  to  the  provisions  of  the  statute,  relative  to  claimant's  issues, 
herein  referred  to. 

§  1457.  Such  claimant  in  attachment  cases,  may  have  his  claim 
tried  without  giving  bond  ;  but,  in  that  case,  the  property  shall  not 


180        Ground  for  Attachnient  Contested. 

be  replevied.     All  such  issues  shall  be  tried  without  dela}',  and  the 
losing  party  shall  pay  all  costs  occasioned  by  the  claim. 


ALLEGED  GROUND  FOR  ATTACHMENT  CONTESTED. 

g  1458.  The  ground  or  grounds,  stated  in  an  affidavit  for  attach- 
ment, shall  not  be  considered  conclusive  on  the  defendant ;  but  he 
may,  at  the  first  term,  proceed  to  contest  the  same  in  the  following 
manner  : 

;<  1459.  At  the  term  to  wliich  the  attachment  is  returnable,  the 
delendant  may  iile  a  pica  in  abatement  of  the  attachment,  traversing 
the  oround  or  grounds  upon  vvhicii  the  writ  was  obtained. 

§  1460.  This  plea  shall  be  sworn  to,  and  when  it  is  filed,  the 
issue  shall*l3e  considered  as  formed,  without  an^^  response  to  the 
plea. 

§  1461.  The  court  shall,  at  the  first  term,  or  as  soon  thereafter 
as'practicable,  and  before  any  trial  of  the  case  on  its  merit?,  cause 
a  jury  to  be  empaneled,  to  try  such  issue,  and  determine,  by  their 
verdict,  whether  the  attachment  was  wrongfully  sued  out  or  not. 

§  1462.  On  the  trial  of  such  issue,  both  parties  may  introduce 
all  legal  evidence  relative  to  the  issue,  and  the  defendant  may  give 
evidence  as  to  the  damages,  if  any,  which  the  issuance  of  such  at- 
tachment has  occasioned  him,  all  damage  he  has  sustained,  includ- 
inty  lawver  s  fees,  traveling  expenses,  hotel  bills,  loss  of  trade  and 
special  injurj^  to  his  business  ;  but  the  defendant,  when  he  files  his 
plea  in  abatement,  shall  give  plaintiff  written  notice  of  what  special 
damages  he  will  insist  upon  at  the  trial. 

g  1463.  If  such  issue  be  decided  for  defendant,  he  shall  have 
judgment  in  his  favor  for  the  damages  assessed,  and  final  process 
shall  issue  against  plaintiff,  and  the  sureties  in  his  attachment  bond, 
and  for  damages  assessed  by  tlie  jur^',  and  the  costs  of  suit,  and 
the  attachment  shall  be  dismissed;  jirovided,  that  such  judgment 
against  the  sureties  in  the  attachment  bond  shall  not  exceed  the 
penaltj''  thereof. 

§  1464.  If  the  issue  be  decided  for  plaintiff,  the  defendant  shall 
be' permitted  to  plead  to  the  merits,  without  dela3'ing  the  cause  un- 
reasonably, on  such  terms  as  the  court  ma}'  impose. 

g  1465,  The  plaintiff  may  dismiss  his  attachment,  but  defendant 
shall  have  a  jur}^  empanneled  foi'thwith,  to  assess  the  damage  sus- 
tained, by  reason  of  suing  out  the  attachment. 


SALE  OF  PERISHABLE  PROPERTY. 

ij  1466.  When  goods  and  chattels  are  levied  upon,  under  attach- 
ment, which  are  in  danger  of  immediate  waste  and  deca}-,  they  shall 
l)e  sold  in  the  manner  following  : 


PiMication  and  Motice.  181 

§  1467.  The  oflicev  levying  on  such  goods,  shall  immediately 
summons  three  male  house-holders  of  the  count}',  and  administer  to 
them  an  oath,  to  examine  such  goods,  and  certify,  iu  writing, 
whether,  in  their  opinion,  tlie  goods  are  perishable, 

§  1468.  If  such  house-holders  certify  tliat  the  goods  are  perish- 
able, the  officer  holding  them,  shall  sell  them  to  the  highest  bidder, 
for  cash,  after  a  written  notice,  i)0sted  at  tlirce  pu])lic  places,  in  the 
supervisor's  district  where  the  goods  were  found,  for  two  entire  days 
before  the  sale  ;  the  proceeds  of  such  sale  shall  be  held  by  the  offi- 
cer, to  abide  the  result  of  the  suit. 

§  1469.  The  owner  of  such  goods  ma}-  replevy  the  same,  as  in 
other  cases,  at  any  time  before  such  sale  occurs. 


ATTACHMENTS  BY  AND  A&AINST  NON-RESIDENTS. 

^  4470.  Non-resident  creditors  shall  have  the  full  benefit  of  the 
attachment  laws  of  this  State,  for  the  collection  of  their  claims 
against  all  persons  residing  or  being  within  the  State. 

^^  1471.  Non-resident  creditors  may  also  sue  out  attachments 
against  their  debtors  residing  without  the  limits  of  this  State,  and 
subject  any  property,  or  effects  or  credits  of  such  non-resident  debt- 
ors being  within  the  State,  to  the  payment  of  the  demands  of  such 
non-residents  creditors. 


PUBLICATION  AND  NOTICE. 

§  1472.  When  a  writ  of  attachment  has  been  levied  on  tlie  prop- 
erty of  defendant,  or  served  on  any  debtor  of  defendant  as  a  gar- 
nishee, and  it  shall  appear  that  the  defendant  has  not  been  found, 
or  that  he  was  attached  as  a  non-resident,  it  shall  be  the  dutv'  of  the 
plaintiff  to  fde  in  the  court,  or  with  the  clerk  thereof,  an  afiidavit 
setting  forth  that  said  plaintift"  hath  been  informed  and  verily 
believes  the  fact  so  to  be,  that  said  defendant  is  not  within  the 
State.  The  afiidavit  shall  also  state  where  said  defendant  is  sup- 
posed to  be,  naming  the  post  office  where  he  receives  his  letters,  if 
the  plaintiff  has  any  knowlege  or  belief  as  to  that  matter;  and  if 
plaintiff  hath  no  such   information,  he  shall  so  state  in  his  afiidavit. 

§  1473.  When  such  affidavit  is  made  and  filed,  it  shall  be  the 
dut}'  of  the'  court,  or  the  clerk  thereof  in  vacation,  forthwith  to 
insert  a  notice  in  some  newspaper  printed  and  published  in  the 
county  where  the  court  sits;  (if  there  be  one),  if  not,  in  some  con- 
venient newspaper  in  another  count}',  stating  the  pendency  of  such 
attachment,  at  whose  suit  it  is  \)rought,  in  what  court,  when  return- 
able, and  what  sum  is  claimed;  and  citing  the  said  defendant  to  be 
and  appear  before  such  court,  and  plead  to  the  case;  in  default  of 
which  appearance,  judgment  by  default  shall   be  rendered,  and  the 


182  FinalJudgnient  and  Sales.' 

property  sold,  and  the  effects  applied  to  the  pa3'ment  of  plaintiff's 
claim  ;  provided,  that  in  all  suits  of  attachment  against  non-residents, 
or  absconding  debtors,  before  justices  of  the  peace,  advertisement 
shall  be  liy  posting  notices  in  three  or  more  public  places,  in  accor- 
dance witli  this  section. 

§  147-4.  The  aforesaid  notice  shall  be  published  for  four  consec- 
utive weeks.  It  shall  cite  the  defendant  to  appear  at  the  return 
term  of  the  attachment,  if  there  be  time  for  such  appearance  after 
the  completion  of  the  publication.  If  there  be  not  time  for  such 
appearance,  then  the  notice  shall  cite  the  defendant  to  appear  at  the 
next  succeeding  term  of  the  court. 

§  1475.  If  the  affidavit,  made  as  herein  provided,  states  the  post- 
office  of  the  defendant,  then  the  clerk  of  the  court  or  the  justice  of 
the  peace,  as  the  case  may  be,  shall  immediately  forward,  b}'  mail, 
postage  paid,  to  the  address  of  such  defendant,  a  copy  of  the  notice 
inserted  in  the  newspaper  ;  and  the  clerk  or  justice,  forwarding  such 
notice,  shall  make  affidavit  of  the  fact,  stating  the  time  when,  and 
the  place  where,  such  notice  was  forwarded,  and  file  the  same  in  the 
papers  in  the  case. 


FINAL  JUDGMENT  AND  SALES. 

^  147G.  The  defendant  in  attachment,  may  appear,  by  himself  or 
attornc}',  without  replevying  the  property  attached,  and  defend  the 
suit,  as  in  other  actions  for  the  recover}''  of  mone}',  at  any  time  before 
final  judgment;  but  no  judgment  by  default,  regularly  taken,  shall 
be  set  aside,  except  upon  cause  shown  ;  and  in  case  the  defendant 
shall  have  been  personally  summoned,  or  shall  appear  and  plead  to 
the  action,  the  judgment  therein  shall  have  the  same  force  and  effect, 
against  the  person  and  property  of  the  defendant,  as  in  other  actions 
where  a  summons  has  been  personally  served  on  him:  lorovided, 
however,  that  such  appearance  shall  not  vacate  or  offect  any  bond 
taken  under  this  act,  nor  discharge  an}^  garnishee,  nor  affect  any  lien 
created  by  the  attachment;  but  the  proceedings  in  respect  to  any 
property  attached,  or  any  garnishee  summoned,  shall  be  the  same  as 
if  final  judgment  had  been  entered  b}'  default,  without  an}'  appear- 
ance of  the  defendant. 

§  1477.  If  the  defendant  shall  not  appearand  plead  to  the  action-, 
in  pursuance  of  the  notice,  the  court,  on  proof  of  the  publication 
thereof,  shall  give  judgment  against  him  by  default,  and  award  a  writ 
of  inquiry,  if  necessary;  but  on  such  judgment  by  default  no  exe- 
cution shall  issue,  except  against  the  property  on  which  the  attach- 
ment has  been  served,  or  against  a  garnishee  who  shall  have  i^oney 
or  property  in  his  hands  belonging  to  the  defendant. 

,$  147<S.  All  the  estate,  real  and  personal,  attached,  and  not  reple- 
vied as  aforesaid,  and  the  stock,  share  or  interest  of  the  defendant, 
in  any  copartnership  or  incorporated  company,  shall  be  sold  and 
disposed  of  towards   the  satisfaction  ot  the  plaintifl's  judgment,  in 


Jurisdiction  in  Attachments.  183 

the  same  manner  as  property  taken  in  execution  on  a  writ  oi  /ieri 
facias;  and  all  goods  and  chattels  replevied  by  the  defendant,  or 
found  in  the  hands  of  any  garnishee  belonging  to  such  defendant, 
shall  be  liable  to  satisfy  such  judgment,  and  shall  be  delivered  to 
the  sheriff,  or  other  officer,  and  sold  in  like  manner;  and  judgment 
shall  be  entered  up,  and  execution  awa'-ded,  against  every  garnishee, 
for  all  sums  of  money  due  by  hijii  to  the  defendant,  or  in  his  cus- 
tod}'  or  possession,  for  the  use  of  such  defendant,  or  so  much  there- 
of as  shall  be  sullicient  to  satisfy  the  debt  of  the  plaintiff  and  all 
costs. 

§  1^79.  After  judgment  obtained  b}-  the  ])laintiff  b}'  default,  upon 
i.ny  attchments  against  non-residents,  or  absent  defendants,  upon 
poof  of  publication  only,  the  plaintiff  shall,  before  any  sale  be 
nade,  or  execution  issued  against  any  garnishee,  enter  into  bond, 
"w'tli  security,  to  be  approved  by  the  court,  or  the  clerk  in  vacation 
piyable  to  the  defendant,  in  double  the  amount  of  the  judgment, 
caiditioned  that  if  the  defendant  shall,  within  a  j-ear  and  a  day  next 
fo.lowing,  come  into  court  and  disprove  or  avoid  the  debt  recovered 
bj  the  plaintiff  against  him,  then  the  plaintiff  shall  restore  to  the 
sad  defendant  the  money  he  may  have  received  tovvards  the  satis- 
faction of  his  demand,  or  so  much  thereof  as  shall  be  disproved  or 
avoided  ;  which  bond  shall  be  filed  with  the  papers  in  the  cause,  and 
an^^  sale  made  without  such  bond  being  given  as  aforesaid,  shall  be 
uterly  void. 

j  1480.  In  the  event  that  property  be  in  the  hands  of  an  officer, 
leved  upon  under  such  judgments  as  those  named  in  the  last  pre- 
cedng  section,  and  if  the  plaintiff"  shall  fail  and  refuse,  for  ten  days, 
to  es:ecute  the  bond  named  in  said  section,  after  due  notice,  in  writ- 
ing,scrved  by  the  officer  holding  such  propert}',  then  the  said  offi- 
cer hall  sell  said  property,  according  to  law,  and  hold  the  proceeds 
for  J  year  and  a  day,  and  then  pay  them  to  the  party  entitled  to 
receve  the  same. 


JURISDICTIOi;!  AS  TO  ATTACHMENTS, 

^.  ItSl.  Justices  of  the  peace  shall  have  full  cognizance  of 
attaclments,  in  all  cases,  where  the  principal  of  the  amount  in  con- 
trovei;}' does  not  exceed  the  sum  of  one  hundred  and  fifty  dollars; 
and  a"i  the  proceedings  in  such  courts  shall,  as  far  as  applicable,  be 
condiited  conformably  to  the  provisions  of  this  chapter. 

§  182.  When  a  suit  shall  liave  been  commenced,  in  any  court 
in  thi.  State,  the  plaintiff  may  obtain  an  attachment  against  the 
defen<ants,  or  any  one  or  more  of  them,  on  making  affidavit,  and 
-givingbond,  as  required  in  other  cases  of  attachment,  which  attach- 
ment hall  be  granted  and  issued  by  the  same  officers,  and  executed 
and  reurned,  and  the  like  proceedings  shall  be  had  thereon,  as  in 
other  ases  provided  for  by  this  chapter  j  and  the  affidavit,  bond 
if  and  atachment,  when  returned,  shall  be  filed  with  the  papers  in  the 


184  Jurisdiction  in  Attaclnnents. 

original  suit,  and  constitute  a  part  thereof,  and  the  plaintiff  may 
proceed  to  judgment,  and  t!ie  original  suit  shall  not  be  dela3'etl 
thereby. 

§  1483.  When  it  shall  appear  to  the  court,  on  exce[)tions  taken 
by  the  defendant,  or  otherwise,  that  the  sureties  on  any  attachment 
bond  are  insufficient,  tlie  court  shall  direct  the  plaintiff  to  give  a 
new  bond,  with  good  and  sufficient  security  ;  and  such  bond  shall  be 
as  valid,  in  all  respects,  as  the  original  l)ond;  and  if  the  plaintiff 
shall  fail  to  give  a  new  bond,  within  the  time  required  by  the  court, 
the  attachment  shall  be  dismissed  ;  and  in  all  cases  where  an  attach- 
ment bond  or  affidavit  may  be  defective,  in  any  respect,  or  may  be 
lost  or  destroyed,  the  plaintiff  shall  be  allowed  to  file  a  new  affidavij 
and  bond,  which  shall  be,  in  all  respects,  as  valid  and  binding,  as  if 
given  at  the  cciumencement  of  the  suit. 

§  1484.  When  an  officer  shall  levy  an  attachment  on  live  stodc 
of  anv  kind,  he  shall  sell  the  same,  for  cash,  by  giving  such  notite 
of  the  sale  as  sheriffs  are  required  to  give,  in  making  sales  of  pa*- 
sonalty  under  executions  ;  but  the  officer  ma}-  sell,  on  any  day,  after 
giving  the  required  notice.  If  the  defendant's  residence  be  knowa, 
a  cop3'  of  the  notice  shall  be  sent  by  mail  to  his  post-office.  Tie 
proccLMis  of  such  sale  shall  be  held  to  abide  the  final  result.  Defei- 
dant  iiiav  replevy  the  property  any  time  before  the  sale. 

§  1485.  Executors  and  administrators  may  be  garnisheed,  f>r 
a  debt  due  by  their  testators  or  intestate,  to  the  defendant;  but  lo 
judgment  shall  be  entered,  in  such  case,  against  an  exeeutor  or  ivl- 
minstrator,  until  the  lapse  of  six  months  after  the  grant  of  iis 
letters. 

§  14SG.  If  the  defendant  shall  die,  after  the  service  of  the  rrit 
of  attachment,  the  action  shall  not  thereby  be  abated  or  dis'On- 
tinued,  but  shall  be  carried  on  to  judgment,  sale,  transfer,  and  Inal 
determination,  as  if  the  defendant  were  still  alive,  and  such  d|ath 
had  not  occured  ;  and  all  ])roceedings  and  deeds,  in  such  cases  are 
hereby  declared  to  be  as  valid  and  effectuai  in  law,  as  if  hadand 
made  in  the  lifetime  of  such  defendant. 

§  1487.  Attachments  ma}^  be  executed  by  any  constable,  bjthe 
sheriff,  by  the  coroner,  or  b}--  the  chief  police  officer  of  any  incor- 
porated town,  or  l)y  a  person  specially  appointed  for  such  pui:)Ose, 
and  sworn  faithfully  to  perform  such  dutv. 

§  1488.  Attachment  suits,  and  all  issues  grovv'ing  out  of  hem, 
shall  be  tried  at  the  return  term,  unless  good  cause  be  shownfor  a 
<'ontinuance. 


ATTCHMENTS  AGAINST  SHIPS,  ETC. 

An  Act  to  provide  a  remedy- by  attachment  against  ships,  steambo^s  and 

other  watei'-craft. 

Section.   1.   Be  it  enacted  by  the  Legislature  of  the  State  jf  the 
Mississippi,  That  when  any  person  shall  have  any  cause  of  fction 


Attaclnnenb  against  Sldps.  185 

other  tliaii  mtiritimc  contract,  against  tlio  owner,  captaiu,  master, 
supercargo,  or  other  ])erson  in  ciiarge  of  any  ship,  brig,  schooner, 
sloop,  steamboat,  keel-boat,  flat-boat, tug,  boat  or  other  water-craft, 
in  any  of  the  navigable  waters  of  this  state,  or  navigating  the 
rivers  or  seas  in  or  adjacent  to  this  state,  for,  or  on  account  of  an}' 
such  water-craft,  or  the  business  in  which  said  craft  niiay  be  em- 
ployed, it  shall  1)0  lawful  to  prosecute  the  same  against  such  water- 
craft,  by  the  name  thereof,  or  by  such  description  as  will  enable  the 
ollicers  executing  the  writ  to  indentify  the  same. 

Sec.  2.  lie  it  lurther  enacted,  That  the  person  having  such  right 
of  action,  his  agent  or  attornc}',  shall  make  complaint,  on  oath,  to 
an}'  judge  or  justice  of  the  ])eace,  stating  the  amounts  of  his 
demand  to  the  best  of  his  knowlege  and  belief,  and  naming  or  des- 
cribing the  said  water-craft  therein,  and  shall  give  bond,  to  be 
approved  by  said  judge  or  justice,  pavable  to  the  said  water-craft, 
to  the  use  of  such  person  or  persons  as  may  be  interested  therein, 
in  double  the  sum  for  which  the  complaint  shall  be  made,  in  such 
form,  and  with  such  condition,  as  is  required  in  other  cases  of  attach- 
ment, and  thereupon  the  said  judge  or  justice  shall  grant  an  attach- 
ment, directed  t»  the  sheriff,  or  other  proper  oflicer,  of  any  county 
in  the  state,  returnable  to  the  next  term  of  the  court,  where  the 
suit  may  be  cognizable,  and  which  shall  be  the  leading  process  in 
such  suit ;  and  such  sherill  or  other  officer  shall  serve  and  levy  such 
attachment  on  said  water-craft,  wherever  the  same  may  be  found,  or 
on  any  personal  i)ropcrt3'  belonging  to  and  contained  therein,  to  an 
amount  sullicient  to  pay  said  demand  and  costs. 

Sec.  3.  Be  it  further  enacted,  That  all  such  attachments  shall  be 
repleviable-  at  any  time  before  sale  of  the  propert}',  or  final  judgment 
in  the  cause,  by  the  owner,  captain,  master,  supercargo,  or  other 
person  in  charge  of  the  water-craft,  against  which  the  same  may  be 
issued,  on  such  person  giving  bond  to  the  sheriff,  with  sufficient 
sureties,  payable  to  the  plaintiff,  in  double  the  amount  of  the  sum 
sworn  to,  conditioned  that  such  person  will  appear  at  the  next  term 
of  the  court  to  which  the  attachment  may  be  returnable,  and  abide 
by  and  perlbrm  such  judgment  or  decree  as  the  court  may  render 
in  the  premises,  and  said  bond  shall  be  returned  into  court,  and  in 
case  judgment  shall  be  given  lor  the  plaintiff,  said  judgment  shall 
be  entered  against  all  the  parties  bound  in  said  bond,  for  the  amount 
adjudged  in  favor  of  the  plaintiff,  and  all  costs,  and  in  the  event  of- 
the  deatii  of  any  surety  on  the  bond,  the  court  may  order  a  judg- 
ment nisi,  to  be  entered  against  the  i)ersonal  representatives  of  such 
deceased  security. 

Sec.  4.  Be  it  further  enacted.  That  the  proceedings  on  such  attach 
ments,  except  as  otherwise  provided,   shall  be,  in  all  respects,  the 
same  as  in  case    of  attachment  against  absent  debtors. 

Sec.  f).  Be  it  further  enacted.  That  such  attacliments  may  be 
cognizable  before  a  justice  ot  the  peace,  for  sums  within  his  juris- 
diction, and  may  be  proceeded  on  in  the  same  manner,  and  with  like 
effect,  as  hereinbefore  provided. 

Sec.  6.  Be  it  further  enacted,  That  no  such  vessel  shall  be  bound 


186  Replevin. 

in  the  hands  of  a  bona  -fide  purchaser,  without  notice,  for  any  debts 
or  liabilities  contracted  or  incurred  before  such  sale,  unless  the 
action  for  the  same  shall  be  commenced  within  ninet}^  da3^s  after 
such  sale,  or  if  the  vessel  be  absent  at  sea  or  elsewhere,  then 
within  ninety  days  after  the  return  of  such  vessel,  if  the  money  be 
due  at  the  time  of  such  sale  ;  but  if  the  money  pavable  on  such 
debt  or  liabilit}'  be  not  due  and  payable  at  the  time  of  such  sale, 
then  the  action  shall  be  brought  within  ninety  days  after  the  money 
shall  become  due  and  payable,  or  the  return  of  the  vessel  as  afore- 
said. 

Sec.  7.  Be  it  further  enacted,  That  the  officer  serving  said  attach- 
ment, shall  summons  the  owner,  captain,  or  other  person  having 
charge  of  such  water-craft,  to  appear  at  the  return  tei-m  of  said 
writ  and  answer  accordingl3%  and  such  service  shall  be  sufficient  to 
authorize  the  court  trving  the  same  to  proceed  to  final  judgment, 
according  to  the  provisions  of  this  Act.     Approved  March  4,  1875. 


EEPLEVIN. 

HOW    OBTAIXED,     AND    PROCEEDINGS    THEREIN. 

§  1528,  Whenever  any  goods  and  chattels  are,  or  shall  be,  wrong- 
fully taken  or  detained,  an  action  of  replevin  may  be  maintained  by 
any  person  having  the  right  of  immediate  possession,  for  the  recov- 
ery thereof,  and  for  the  damages  sustained  by  reason  of  such  wrong- 
ful taking  or  detention ;  2^i'ovided,  such  action  shall  be  brought 
within  one  year  i.ext  after  the  plaintiff's  right  of  action  has  oc- 
curred, and  not  after. 

§  1529.  Before  any  writ  of  replevin,  in  such  case  shall  issue,  the 
plaintiff",  or  his  agent  or  attorney,  shall  make  and  tile  in  the  office  of 
the  clerk  of  the  circuit  court,  or  with  a  justice  of  the  peace,  in  cases 
within  the  jurisdiction  of  a  justice  of  the  peace,  an  affidavit,  setting 
forth  a  description  of  the  property  taken  or  detained,  and  that  the 
plaintiff"  is  legally  entitled  to  the  immediate  possession  of  the  same  ; 
that  said  property  was  wrongfully  taken,  or  is  wrongfully  detained, 
by  the  defendant,  and  that  the  plaintiff's  right  of  action  has  ac- 
crued within  one  year. 

§  1530,  The  writ  of  replevin  shall  command  the  sheriff'  or  other 
lawful  officer  of  the  proper  county,  to  take  the  goods  and  chattels 
specified  in  the  affidavit,  and  to  deliver  the  same  to  the  plaintiff, 
upon  the  plaintiff'  entering  into  bond  to  the  defendant,  with  suffi- 
cient security,  in  double  the  value  of  the  property,  to  be  ascertained 
by  the  valuation  of  the  sheriff,  or  other  officer  into  whose  hands  the 
writ  may  come,  conditioned  that  he  will  prosecute  the  writ  with 
effect,  and  without  delay  make  return  of  the  property  to  the  de- 
fendant, if  return  thereof  be  adjudged,  and  pay  the  defendant  such 
damages  as  he  may  sustain  by  the  wrongful  suing  out  of  said  writ, 
and  also  such  costs  as  mav  be  awarded  a^j^ainst  him,  and  save  harm- 


Replevin.  ^^"^ 

less  the  sheriff  or  other  officer,  as  the  case  may  be,  lor  replevying 
the  said  property;  unless  the  defendant  shall  enter  into  bond,  with 
sufficient  security  in  like  penalty,  payable  to  the  plaintiff,  condi- 
tioned that  the  property  siiall  be  forthcominj?  to  satisfy  the  judg- 
ment of  the  court,  and  to  summon  the  defendant  to  appear  in  court 
on  the  return  day  of  the  writ,  to  answer  to  the  action.  And  upon 
the  defendant  entering  into  bond  as  aforesaid,  the  property  shall  be 
restored  to  him. 

§  1531.  The  defendant  shall  give  bond,  as  above  _  provided, 
within  two  days  from  the  seizure  of  the  property,  and  failing  in  that 
time,  the  property  shall  be  delivered  to  the  plaintiff,  as  a])ove  pro- 
vided ;  but  if  the  plaintiff,  when  notified  of.  the  failure  of  the  de- 
fendant to  give  bond,  shall  not  himself  give  the  required  bond, 
within  a  reasonable  time,  the  property  shall  remain  in  the  hands  o. 
the  sheriff,  or  other  officer,  until  the  trial,  subject  to  the  right  of 
either  party,  on  application  to  the  sheriff  or  other  officer,  to 
be  allowed"  to  give  bond  and  receive  the  property,  and  if  either 
party  gives  a  bond,  that  shall  not  affect  the  suit,  but  it  shall  never- 

t K plpgg  i')VOCGGcl • 

§  1532.  The  declaration  may  be  filed,  after  the  issuance  of  the 
writ ;  provided,  it  be  filed  on  or  before  the  first  day  of  the  return 
term,  or  before  any  order  of  nolle  i)tos.  be  taken;  and  the  action 
may  be  tried  at  the  first  term  of  the  court.  The  defendant  may 
plead  that  he  is  not  guilty  of  tlie  premises  charged  against  him,  and 
this  plea  shall  put  in  issue,  not  only  the  right  of  the  plaintiff  to  the 
oossession  of  the  property,  but  also  the  wrongful  taking  and  deten- 
tion thereof.  In  cases  before  justices  of  the  peace,  the  proceed- 
ings shall  be  as  in  other  cases  before  them. 

§  1533.  When  the  property  shall  have  been  permitted  to  remain 
in'the  ])ossession  of  the  defendant,  if  the  plaintiff  recover,  the  judg- 
ment of  the  court  shall  be  against  the  defendant  and  his  sureties, 
that  thev  restore  the  property  to  the  plaintiff,  or  pay  him  the  value 
thereof, ""as  assessed  by  the  verdict  of  a  jury,  and  also  for  such 
damages  as  shall  have  been  assessed  by  the  jury,  for  the  wrongfu 
taking  or  detention  ;  and  the  valuation  of  the  sheriff,  shall  m  all 
cases,  under  this  chapter,  be  frima  facie  evidence  of  the  value  of 
the  property. 

§  1534.  "if  a  plaintiff  in  replevin,  "to  whom  the  property  has  been 
delivered,  fail  to  prosecute  his  suit  with  effect,  the  jury  shall  assess 
the  value  of  the  property,  and  the  damages  sustained  by  the  de- 
fendant, and  the  judgment  of  the  court  shall  be  against  the  plain- 
tiff and  his  sureties,  that  they  restore  the  property  to  the  defendant, 
or  pay  him  the  value  thereof,  so  assessed,  and  also  the  damages  so 
assessed,  for  wrongfully  sueing  out  the  writ.  If  the  plaintiff  make 
default,  or  be  non-suited,  the  defendant  may  have  a  writ  of  inquiry, 
to  assess  the  value  of  the  property,  and  the  damages  sustained  by 
the  wrongful  sueing  out  of  the  writ.  And  in  the  event  of  the  death 
of  any  surety  upon  such  bonds,  before  the  termination  of  the  trial, 
the  court  may  order  judgment  nisi  to  be  rendered  against  the  per- 
sonal representatives  of  such   deceased  surety,  and   the  party  may 


18S  Replevin. 

have  like  Judgnent,  uijou  the  finding  of  the  jur}-,  Jis  upon  an  issue 
found  for  hNn  ;  and  if  no  bond  was  given,  and  the  property  remains 
in  the  hands  of  the  sheriff,  or  other  officer,  the  value  of  the  prop- 
ert_y,  and  the  damages  sustained,  shall  be  assessed,  and  judgment 
shall  be  for  the  recover}^  of  the  property,  and  the  damages  assessed 
against  the  party  liable,  and  the  sheriff  or  other  officer  shall  deliver 
the  property  to  the  successful  party,  and  the  execution  shall  issue 
for  damages  and  costs  of  suit. 

§  1535.  If  the  party  in  whose  favor  the  judgment  is  given  be  in 
possession  of  the  property  in  controversy,  he  shall  retain  it,  and  a 
writ  of  fieri  facias  shall  issue  for  the  damages  and  costs  of  suit  ; 
and  if  the  property  be  in  possession  of  the  losing  party,  the  execu- 
tion shall  command  the  sheriff  to  take  the  property'  in  controversy, 
if  the  same  mny  be  had,  and  deliver  the  same  to  the  successful 
party,  and  if  not  to  be  had,  that  he  make  the  value  thereof,  together 
with  the  damages  and  costs,  of  the  goods  and  chattels,  lands  and 
tenements,  of  the  party  and  his  sureties,  against  whom  the  judgment 
is  rendered  ;  or  the  successful  party  may  have  his  distringas  to  com- 
pel the  delivery  of  the  property,  together  with  a  fieri  facias  for  the 
damages  and  costs. 

§  1536.  The  bond  directed  by  this  chapter  to  be  taken  in  either 
case,  shall  be  returned  with  the  writ  to  the  court  issuing  the  same  ; 
and  if  the  sheriff  fail  to  take  a  proper  and  sufficient  bond,  and  re- 
turn the  same;  or  if  the  bor.d  taken  be  adjudged  insufficient,  and 
the  party  giving  it  shall,  if  required,  fail  to  perfect  the  same,  the 
sheriff  shall  be  liable  to  the  party  injured,  for  all  damages  by  him 
sustained,  either  by  action  of  debt  on  his  official  bond,  or  b}^  spe- 
cial action  on  the  case  ;  provided,  the  parties  shall  have  the  same 
right  of  amendment  under  this  chapter  as  that  given  by  the  chapter 
providing  the  remedy  by  attachment. 

§  1537.  If  either  party  in  such  suit,  or  the  sheriff,  shall  at  any 
time  deem  any  bond  taken  under  this  chapter  to  be  insufficient,  such 
party  or  sheriff,  if  in  vacation,  may,  upon  application  to  the  judge 
of  the  court  where  such  writ  may  be  pending,  obtain  a  citation, 
under  the  signature  of  said  judge,  commanding  the  obligor  in  such 
bond  to  appear  before  such  judge,  at  such  time  and  place  as  the 
said  judge  shall  therein  designate,  and  if  in  term  time,  such  party 
or  sheriff  maj^  proceed,  by  motion,  against  the  obligor  on  such  bond, 
and  in  either  case  the  judge  or  court,  shall,  ftfter  hearing  the  evi- 
dence of  both  parties,  determine  the  sufficiency  or  iasufficiency  of 
such  bond  ;  and  if  the  bond  given  by  the  plaintiff  shall  be  adjudged 
insufficient,  he  shall  give  anew  and  sufficient  bond,  within  the  time 
limited  b}'  the  court  or  judge,  and  in  default  thereof,  the  defendant 
siuiU  be  entitled  to  proceed  and  enter  judgment,  as  in  case  the  plain- 
tiff should  be  nonsuited,  or  otherwise  make  default  ;  and  if  the  bond 
of  the  defendant  shall  be  adjudged  insufficient,  and  he  shall  fail  to 
give  a  sufficient  bond,  within  the  time  limited  by  the  court  or  judge, 
the  plaintiff,  on  giving  bond  as  by  this  chapter  directed,  shall  be 
entitled  to  a  judicial  writ,  commanding  the  sheriff"  to  take  the  prop- 
erty in  controversy,  and  deliver  the  same  to  the  plaintiff  ;  and  there- 


Forcible  Entry  and  Detainer.  189 

upon  such  proceedings  shall  be  luul  as  if  the  pi-DiJcr ty  had  lu.'on  de- 
livered to  the  plaintifF  in  the  fust  instance. 


FOECIBLE  ENTRY  AND  DETAINER. 

IN    WHAT    CASES    A    REMEDY. 

§  1582.  An}'  one  deprived  of  the  possession  of  land  b}'  force, 
or  intimidation,  or  fraud,  or  stratagem,  or  stealth,  and  any  landlord, 
vendor,  mortgagee,  or  trustee,  or  cestui  que  trust,  or  other  person 
against  whom  the  possession  of  land  is  withheld,  by  his  tenant, 
vendor,  mortgagor,  or  grantor,  or  other  person,  after  the  expiration, 
of  his  right  by  contract,  express  or  implied,  to  hold  possession,  and 
the  legal  representatives  or  assigns  of  him  who  is  so  deprived  of 
possession,  «n*  from  whom  possession  is  so  withheld,  as  against  him 
who  so  obtained  possession,  or  withholds  possession,  after  the  ex- 
l)iration  of  his  right,  and  all  claiming  to  hold  under  him,  shall,  at 
any  time  within  three  years  afier  such  deprivation  or  withholding 
(^f  possession,  be  entitled  to  the  summary  remedy  herein  prescribed. 

THE    COMPLAINT. 

§  1583.  The  party  so  turned  out  of  possession,  or  so  held  out 
of  possession,  may  exhibit  his  complaint  before  any  justice  of  the 
peace  of  the  county  or  corporation  within  which  such  lands  or  tene- 
ments may  lie,  in  the  following  form,  or  to  the  following  effect,  that 
is  to  saj' : 
County,  [or  corporation)  of ,  to-wit : 

A.  B.,  of  the  said  county  (or  corporation)  complains  that  C.  D. , 
hath  unlawfully  turned  him  out  of  possession  (o?-  imlaicfidbj  with- 
holds Jrom  him  the  possession)  of  a  certain  tenement  (describing  it), 
containing,  by  estimation, acres  of  land,  with  the  appurten- 
ances, h'ing  and  being  in  the  county  (or  corporation)  aforesaid, 
whereof  he  prays  restitution  of  the  possession.' 

A.  B.,  Plaintiff. 

Such  complaint  shall  be  verified  by  the  oath  or  affirmation  of  the 
plaintiff,  certified  at  the  foot  thei'eof,  after  the  following  manner: 
County,  (or  corijoration)  of to  wit: 

This  day  the  above  named  A.  B.  made  oath  (or  affirmed)  before 
me,  a  jwstice  of  the  peace  for  said  county  (or  corjJoration),  that  he 
verily  believes  the  allegations  of  the  above  complaint  to  be  correct 
and  true. 

Given  under  mv  hand  this dav  of 

E.  Field,  J.  P. 


THE    WARRANT. 


§  1584.     The  justice,  before  whom  such  complaint  shall  be  made, 
shall  thereupon  issue  his  warrant,  to  the  following  effect: 
County  (or  corporation)  of ,  to  wit  : 


190  Forcible  Entry  and  Detainer. 

'WhercMS,  A.  B.  lialli  made  complaint,  ou  oatli  {or  affirmation), 
belbre  me,  a  justice  of  the  peace  for  tlie  said  county  (or  corporation), 
that  C.  D.  hath  unlawfully  turned  him  out  of  possession  (or  unlaw- 
fully, and  against  his  consent,  holds  him  out  of  2Jossession)  of  a  cer- 
tain tenement,  and  ....  of  land,  with  its  appurtenances,  lying  and 
being  in  the  said  county  (or  cytyuration),  and  hath  prayed  restitution 
of  the  possession  thereof;  these  are,  therefore,  in  the  name  of  the 
State  of  Mississippi,  to  require  you  to  summon  the  said  C.  D.  to 
appear  at  . .  . . ,  (which  shall  be  at  the  usual  i^lace  of  holding  justice's 

court,  in  said  district),  on  the day  of ,  before  the  justices 

of  the  county  (or  corporation)  aforesaid,  to  answer  to  the  complaint 
aforesaid,  and  also  require  you  to  give  notice  of  this  warrant  to 
two  other  justices  of  the  peace  for  the  said  county  (or  corporation), 
and  to  request  their  attendance  at  the  time  and  place  aforesaid;  and 

have  then  there  this  warrant.     Witness  rav  hand  this day  of 

"  E.  Field,  J.  P. 

§  1585.  The  warrant  aforesaid  shall  be  directed  to  the  sheriff  or 
coroner,  or  any  constable  of  the  proper  county,  as  the  case  ma}' 
require,  and  shall  be  made  returnable  on  a  day  certain,  not  less  than 
five,  nor  more  then  twenty  days  after  its  date,  and  shall  be  forthwith 
executed  hy  the  proper  officer,  who  shall  make  due  return  to  the  jus- 
tices, at  the  time  and  place  therein  mentioned,  of  the  manner  in 
which  he  shall  have  executed  the  same. 

§  158G.  The  said  warrant  shall  be  served  on  the  defendant,  five 
days  before  the  return  da}',  either  by  delivering  to  him  a  copy  there- 
of, or  if  he  cannot  be  found,  by  delivering  a  copy  thereof  to  an^' 
person  of  his  famil}',  above  the  age  of  sixteen  years,  at  his  usual 
place  of  residence,  or  if  no  such  person  be  found,  then  by  setting  up 
a  copy  i.n  some  conspicuous  place,  on  Uie  tenement  in  the  warrant 
mentioned. 

§  1587,  At  an}'  time  after  such  warrant  shall  have  been  issued, 
it  shall  be  lawful  for  the  justice  issuing  the  same,  upon  the  appli- 
cation of  either  part}-,  to  issue  subpoena  for  witnesses,  requiring  them 
to  attend  at  the  court,  before  the  justices,  at  the  time  appointed  as 
aforesaid,  to  give  evidence  on  the  trial.  Au_y  subpceua  so  issued, 
shall  be  executed  in  the  same  manner,  and  shall  have  the  same  force 
and  effect,  as  a  subpoena,  issued  according  to  law,  in  a  cause  pend- 
ing in  the  circuit  court. 

THE    COURT. 

§  1588,  It  shall  be  the  duty  of  the  justices,  notified  as  aforesaid, 
and  of  the  justice  who  .shall  have  issued  the  warrant,  to  attend  at 
the  i)lace  of  holding  a  court,  on  the  day  therein  specified  for 
the  trial  of  the  complaint  aforesaid,  for  which  purpose  such 
justices,  or  any  two  justices  of  the  county,  (or  corforaiion,  as 
the  case  may  be),  shall  constitute  a  court.  Such  court  shall 
be  considered  a  court  of  record ;  they  shall  have  power  to  issue 
nil  proper  process  to  bring  before  them  witnesses,  or  other  per- 
sons wliose    attendance  may  be   lawfully    lequired  by    them  ;   and 


Forcible  Entry  and  Detainer.  191 

they  may  adjoui'ii  IVoni  day  to  day,  mid  IVoiu  time  to  time,  until  the 
trial  siiall  be  ended.  The  sherilf  oi-  coroner,  or  constable,  as  the 
case  may  require,  shall  be  attendant  upon  them,  and  execute  their 
orders. 

TllK    TRIAL    AND    KIN'AL    JUDGMENT    /.NO    EXIX'UTION. 

§  1589.  When  tiie  justices  have  so  met,  and  formed  a  court,  on 
the  day  and  at  the  place  aforesaid,  if  it  shall  appear  to  them  that 
the  defendant  has  been  duly  served  witli  the  warrant,  they  shall  pro- 
ceed, without  further  i)leadings  in  writing  to  tlie  trial  of  the  com- 
plaint aforesaid. 

§  1590.  In  any  action  of  unlawful  entry,  or  unlawful  detainer, 
the  plaintifi"  may,  on  the  trial,  claim  and  establish,  by  evidence,  any 
amount  due  for  arrears  of  rent,  of  tlie  tenement  of  which  possession 
is  sought,  or  reasonable  conipensation  for  the  use  and  occupation 
thereof,  during  the  time  the  same  has  been  occupied  by  the  defend- 
ant, not  exceeding  the  sum  of  one  hundred  and  fift}^  dollars;  and 
the  said  justices  shall  find,  upon  the  evidence,  the  said  arrears  of 
rent,  or  reasonable  compensation,  as  aforesaid,  and  shall  cause  judg- 
ment to  be  entered  up  against  the  defendant  in  the  action,  for  such 
arrears  of  rent,  or  reasonable  compensation,  as  aforesaid,  and  award 
a  writ  of  fieri  facias  thereon. 

§  1591.  If  the  finding  be  for  the  plaintiff,  the  justices  shall  ren- 
der judgment  in  favor  of  the  plaintiff,  that  he  recover  possession  of 
the  tenement  aforesaid,  with  full  costs,  and  shall  award  a  writ  of 
habere  facias  possessionem,  which  shall  be  issued  by  the  justice  who 
commenced  the  proceedings. 

§  1592.  If  the  finding  sliall  ba  in  favor  of  t!ie  defendant,  the  jus- 
tices shall  render  judgment  against  the  plaintiff',  that  his  complaint  be 
dismissed,  and  that  the  defendant  recover  of  him  full  costs;  and  the 
judgment  of  said  justices,  rendered  as  aforesaid,  either  in  favor  of  the 
plaintiff  or  the  defendant,  shall  be  executed  in  the  same  manner  as  if 
it  had  been  the  judgment  of  any  other  court  of  record  in  the  state. 

§  129o.  If  the  court  shall  be  composed  of  but  two  justices  of  the 
peace,  and  they  shall  disagree  in  deciding,  the  decision  of  the  justice 
before  whom  the  complaint  was  made,  shall  be  the  judgment  of  the 
court. 

APPEAL    AND    PROCEEDINGS. 

§  159-i.  Either  party  aggrieved  by  the  judgment  of  said  justices, 
ma^',  after  final  judgment,  appeal  to  the  circuit  court  of  the  county, 
on  the  appellant,  within  live  days  after  the  rendition  of  the  judg- 
ment, entering  into  bond  and  security,  in  the  presence  of  the  jus- 
tice before  whom  the  complaint  was  originali}'  made,  and  apjjroved 
by  said  justice,  in  a  penalty  of  two  hundred  dollars,  payable  to  the 
opposite  part}',  conditioned  for  the  pa3-ment  of  the  costs  before  the 
said  justices,  and  of  all  costs,  that  may  accrue  in  the  circuit  court,  in 
case  the  appellant  fail  therein  ;  but  sv.ch  appeal  shall  not  operate  as 
a  supersedeas ;  and  the  said  justice  shall  send  to  the  circuit  court, 
all  the  papers  and  proceedings,  and  a  transcript  of  all  orders  and 


192  Forcible  Entry  and  Detainer. 

iuda-ments  in  Sfiiil  cause,  and  shall  deliver  the  same  to  the  clerk  of 
thecircuit  court,  to  be  there  docketed  for  trial;  and  the  said  circuit 
court  shall,  at  the  first  term,  empannel  a  jury,  ai]d  hear  and  deter- 
iniue  the  said  cause  anew  on  its  merits,  in  a  summary  way,  and  mpy 
award  restitution,  if  necessary, 

§  1595.  When  the  plaintiff  shall  have  claimed  and  obtained  judg- 
ment, in  any  such  action,  for  arrears  of  rent,  or  for  the  use  and 
occupation  of  the  property  in  controversy,  the  defendant,  before  he 
shall  have  an  appeal,  shall  give  bond  in  double  the  amount  of  such 
rent  or  damages,  in  addition  to  the  penalty  required  in  other  cases  ; 
and  such  bond,  besides  the  condition  required  in  other  cases,  shall 
also  be  conditioned,  that  the  appellant  shall  pay  such  sums  as  may 
be  adjudged  against  him  in  the  circuit  court,  for  arrears  of  rent 
(n-  damages,  lor  the  use  and  occupation  of  the  propert}'  in  contro- 
versy ;  and  on  the  trial  of  the  cause  in  the  circuit  court,  the  plain- 
tiff may  claim  for  all  ai:rears  of  rent  due  at  the  time  of  such  trial, 
or  for  the  use  and  occupation  of  the  premises  up  to  that  time,  if  the 
same  shall  have  remained  in  the  possession  of  the  defendant,  and 
the  jury  shall  be  charged  to  inquire  and  find  the  same  ;  and  the 
court  shall  cause  judgment  to  be  entered  against  the  defendant,  and 
his  sureties  on  the  appeal  bond,  for  the  amount  of  such  verdict,  and 
award  a  fieri  facias  thereon,  with  legal  Interest  and  all  costs  ;  ^jro- 
vided,  that  the  judgment  against  the  surety  shall  not  exceed  the 
penalty  of  the  appeal  bond. 

§  1596.     In  all  appeals  to  the  circuit  court,  under  this  chapter,   the  ^ 
said  court,  on  motion  of  the  appellee,   may  inquire  into  the  sufficiency 
of  the  amount  of  the  appeal  bond,   and  of  the  security  thereon,  and 
may  require  a  new  bond,  or  additional  security,  on  pain  of  dismissal  of 
the  appeal. 

§  1597.  The  clerks  of  the  circuit  cDurts  are  hereby  required  to  tax 
in  the  bill  of  costs,  after  final  judgment,  all  the  costs  that  accrued  on 
the  trial  before  the  justices,  in  all  cases  herein  provided  for,  and  in- 
clude the  same  in  the  fieri  facias  by  him  to  be  issued  for  the  costs 
accruing  in  the  same  case  in  said  circuit  courts. 

MISCELLANEOUS     PROVISIONS. 

§  1598.  No  judgment  rendered  as  aforesaid,  either  for  the  plaintiff 
or  the  defendant,  shall  bar  any  action  of  trespass,  or  any  action  of 
ejectment,  or  other  action  between  the  same  parties,  respecting  the 
same  tenement;  nor  shall  any  verdict,  found  as  aforesaid,  be  held  con- 
clusive of  the  facts  therein  found,  in  any  other  action  between  the 
same  parties. 

§  1599.  Every  justice  of  the  peace,  summoned  to  attend  the  jus- 
tice aforesaid,  and  failing  to  attend,  Avithout  sufficient  cause  therefor, 
shall  be  liable  to  a  fine  of  twenty  dollars,  to  be  imposed  by  the  said 
justice,  for  the  use  of  said  county  ;  and  the  said  justice  shall  issue  a 
scire  facias  against  such  defaulting  justice  of  the  peace,  returnable 
to  the  next  term  of  his  court,  to  show  cause  why  such  fine  should  not 
be  made  final;  and  execution  shall  issue  therefor,  if  judgment  bo  made 
final. 


Lien  of  Mechanics.  193 

§  1600.  The  juslices  lioliliiig  such  court,  mid  the  sheriff  or  other 
officer  attendiug  the  same,  shall  each  he  entitled  to  two  dollars  a  day 
for  attending  the  trial;  and  all  other  fees  of  witnesses  and  oUicers,  for 
services  rendered  in  relation  to  the  proceedings  and  trial  aforesaid, 
shall  be  the  same  as  the  fees  for  similar  service!*,  rendered  in  a  suit  at 
law,  respecting  the  title  to  land,  in  the  circuit  courts,  and  shall  be 
taxed  in  the  costs. 

§  1601.  The  justice  before  whom  the  complaint  is  made  under  this 
chapter,  may,  before  issuing  any  process,  require  the  plaintiff  to  give 
bond,  with  security,  for  the  payment  of  the  costs  ;  and  in  case  judg- 
ment should  go  against  the  plaintiff,  judgment  shall  be  entered  against 
him  and  (he  sureties  on  his  bond,  for  the  amount  of  costs. 


LIEN  OF  MECHANICS. 

WHEN   LIEN   ALLOWED. 

§  1603.  Every  house  or  other  building,  bridge,  mill,  or  any  addi- 
tion erected  thereto,  and  any  fixed  machinery,  or  gearing,  or  other 
fixtures  for  manufacturing  purposes,  and  every  boat  or  other  water- 
craft,  or  paling,  or  other  inclosure,  hereafter  erected  or  built  within 
this  state  shall  be  liable  for  the  payment  of  any  debt  contracted  and 
owing  for  labor  performed,  or  material  furnished  about  the  erection 
and  construction  or  alteration  or  repairs,  and  such  debts  shall  be  a  lien 
on  such  building  or  improvement,  and  on  the  land  whereon  it  stands, 
including  the  lot  or  curtilage  whereon  the  same  is  erected ;  but  such 
lien  shall  only  take  effect  as  to  purchasers  and  incumbrance  in  good 
faith,  and  for  valuable  consideration  without  notice  of  such  lien,  from 
the  time  of  filing  the  contract,  under  which  such  debt  was  incurred,  in 
the  office  of  the  chancery  clerk  of  the  county  where  such  land  is  situ- 
ated, to  be  recorded,  or  of  the  commencement  of  a  suit  in  the  proper 
court  for  the  enforcement  of  such  lien. 

§  1604.  When  any  such  building  or  other  improvement  shall  be 
erected,  in  whole  or  in  part,  by  contract,  such  building  or  improve- 
ment, and  the  land  on  which  it  stands,  shall  be  liable  to  the  contractor 
alone  for  work  done  or  materials  furnished  in  pursuance  of  such  con- 
tract, and  no  building  or  laud  shall  be  liable  for  work  done  or  mate- 
rials furnished  by  any  person  not  employed  by  the  owner. 

§  1605.  If  any  such  building  or  improvement  be  erected  \jj  a 
tenant,  or  other  person  not  being  the  owner  of  the  land,  then  only  the 
building  and  the  estate  of  the  tenant,  or  other  person  so  erecting  such 
building  or  improvement,  shall  be  subject  to  the  lien  created  by  this 
act,  unless  such  building  be  erected  by  the  written  consent  of  the  owner 
of  the  land. 

§  1606.  When  any  contractor  or  master  workman  shall  refuse  to 
pay  any  person,  who  may  have  furnished  materials  used  in  the  erection 
of  any  such  building  or  improvement,  or  the  wages  of  any  journey- 
man or  laborer  employed  b\  iiim  therein,  such  person,  or  such  journey- 

13 


194  Lien  of  Mechanics. 

man  or  laborer,  may  give  notice,  in  writing,  to  tiie  owner  of  such  build- 
ing or  improvement,  of  the  amount  due;  and  thereupon  the  amount 
that  may  be  due  by  such  owner,  to  the  contractor  or  master  builder, 
shall  be  bouuvl  and  liable  in  the  hands  of  such 'owner,  for  the  payment 
of  the  sum  so  claimed  ;  and  if,  after  such  notice,  the  contractor  or 
master  workman  shall  bring  suit  against  the  owner,  the  latter  may  pay 
into  court  the  amount  due  on  such  contract;  aud  the  person  giving 
such  notice  shall  be  summoned  to  contest  the  demand  of  such  con- 
tractor or  master  workman  ;  and  the  court  may  cause  an  issue  to  be 
made  up  and  tried,  and  direct  payment  of  the  amount  claimed  by  the 
person  giving  such  notice,  out  of  the  money  so  paid  into  court ;  aud  in 
case  such  person  giving  such  notice  shall  afterwards  sue  such  contractor 
or  master  workman,  he  shall  make  the  owner  a  party  to  the  suit,  and 
thereupon  such  owner  may  pay  into  court  the  amount  due  on  such  con- 
tract, or  sufficient  to  pay  the  sum  claimed,  and  costs,  and  the  couit 
shall  award  the  same  to  the  person  that  may  he  entitled  thereto  ;  and 
in  neither  of  the  above  cases  shall  the  owner  be  liable  to  pay  costs ; 
but  if  the  owner,  when  sued  together  with  such  contractor  or  master 
workman,  shall  deny  an  indebtedness  sufficient  to  satisfy  the  sum 
claimed,  and  all  costs,  the  court,  at  the  instance  of  the  plaintiti,  may 
cause  an  issue  to  be  made  up,  to  ascertain  the  true  amount  ot  such 
indebtedness,  and  shall  give  judgraeut,  and  award  costs,  according  to 
the  justice  of  the  case. 

§  1607.  When  the  contract,  by  virtue  of  which  any  such  building 
or  improvement  is  erected  shall  be  in  writing,  such  contract  may  be 
recorded  in  the  office  of  the  clerk  of  the  chancery  court  of  the  county 
in  which  such  building  or  improvement  is  situated,  aud  the  lien  of  the 
contractor  shall  commence  from  the  time  when  such  contract  shall  be 
filed  for  record. 
,  §  1608.  All  carriages,  buggies,  wagons,  plows  or  any  other  article 
constructed  or  repaired  shall  be  liable  for  the  price  of  the  labor  and 
material  employed  i:i  constructing  or  repairing  the  same;  and  the 
mechanic  to  whom  the  price  of  said  labor  and  material  may  be  due, 
shall  have  the  right  to  retain  possession  of  such  things  so  constructed 
or  repaired,  until  the  same  shall  be  paid  for ;  and  if  the  same  shall 
not  be  paid  within  thirty  days,  shall  commence  his  suit  in  any  court  of 
competent  jurisdiction,  and  upon  proof  of  the  value  of  the  labor  and 
materials  employed  in  such  repairs  or  construction,  shall  be  entitled  to 
iudgment  against  the  party  for  whom  such  labor  or  materials  were 
furnished,  Avith  costs,  as  in  other  cases,  and  to  a  special  order  for  the 
sale  of  the  property  upon  which  the  lien  exists,  for  the  payment  there- 
of, with  costs,  and  to  an  execution  as  in  other  cases,  for  the  residue  of 
what  remains  unpaid  after  sale  of  the  property. 


HOW   LIEN   ENFORCED. 


§  1609.     Any  person  desiring   to  have  the  benefit  of  the  lien  given 
by  this  chapter,  shall  commence  his  suit  in  the  circuit  court  of  the 


Lien  of  Meclianics.  195 

coLinly  in  wliicli  the  property  is  situated,  within  six  monthn  next  after 
the  time  when  the  money  due  and  claimed  by  such  suit  became  due  and 
payable,  and  not  after;  and  such  suit  shall  be  commenced  by  petition, 
describing  with  reasonable  certainty  the  property  upon  which  the  lien 
is  intended  to  operate,  and  setting  out  the  nature  of  the  contract  and 
indohtodiiess  and  the  amount  thereof;  nnd  the  plaintiff  shall  file  there- 
with in  all  cases,  except  where  the  whole  work  or  jualcrials,  or  botii 
were  furnished  in  pursuance  of  a  writen  contract  ibr  an  aggregate  price, 
a  bill  of  particulars,  exhibiting  the  amount  and  kind  of  labor  per- 
formed, and  of  materials  furnished,  and  the  prices  at  which  and  times 
when  the  same  was  i)erformed  and  furnished  ;  and  such  suit  shall  be 
docketed  and  conducted  as  other  suits  in  said  court. 

§  1610.  x\ll  persons  having  an  interest  in  the  controversy,  and  all 
persons  claiming  liens  on  the  same  property,  by  virtue  of  this  chapter, 
shall  be  made  parties  to  the  suit;  and  should  any  necessary  or  proper 
party  be  omitted,  he  maybe  broughi  in  by  amendment,  on  his  own 
application,  or  that  of  any  other  party  interested  ;  and  claims  of  several 
parties  having  liens  on  the  same  property,  may  be  joined  in  the  same 
action. 

§  IGll.  The  defendant  shall  be  summoned,  as  in  other  actions  at 
law,  to  appear  and  defend  the  action  ;  and  in  case  any  necessary  party 
defendant  shall  be  a  non-resident  of,  or  absent  from  the  State,  or  can- 
not be  found,  the  court  may  direct  publication  to  be  made,  in  some 
newspaper  published  in  this  state,  for  the  space  of  one  month,  requir- 
ing such  party  to  appear  on  a  day  to  be  therein  named  ;  and  in  default 
of  such  appearance,  the  same  proceedings  shall  be  had,  as  if  such 
defendant  had  been  duly  summoned,  and  had  made  default. 

§  1612.  The  defendant  or  any  of  them,  may,  by  answer  to  said 
petition,  set  up  any  defense  they  may  have  against  the  demands  of  the 
plaintiff,  and  also  any  counter-claim  against  the  plaintiff,  touching  the 
subject  matter  of  the  suit;  and  should  any  defendant  claim  to  have  a 
lien  upon  the  same  property,  for  any  materials  furnished,  or  labor  done 
thereon,  he  may  set  the  same  up  by  his  answer,  and  the  cause  shall  be 
deemed  at  issue,  without  a  replication,  and  the  parties  shall  be  con- 
lined,  at  the  trial,  to  the  causes  of  action  and  defense  set  forth  in  the 
pleadings. 

§  1613.  The  court  may  direct  the  formation  of  such  issues,  to  be 
tried  before  a  jury,  as  may  be  necessary  for  the  determination  of  all 
matters  controverted  in  the  pleadings;  and  such  issues  shall  be  tried 
by  the  same  rules  of  evidence  and  practice,  that  prevail  in  other  cases 
at  law  ;  and  the  court  may  set  aside  verdicts,  and  grant  new  trials,  and 
give  judgment,  according  to  the  justice  of  the  case. 

§  1614.  In  case  judgment  be  given  for  the  plaintiff  agaiost  the 
builder,  it  shall,  in  case  he  was  actually  served  with  process,  be  entered 
against  him  generally,  with  cost,  as  in  other  cases,  and  with  a  special 
order  for  the  sale  of  the  property  U{)on  which  the  lien  exists,  for  the 
payment  thereof,  and  for  an  execution,  as  in  other  cases,  for  the  resi- 
due of  what  may  remain  unpaid,  after  the  sale  of  the  property;  and 
when  the  defendant  is  brought  in  by  publication  only,  and  has  not 
adpeared  iu  person  or  by  attorney,  the  judgment  shall  be  entered  spec- 


196  Lien  of  Mechanics. 

ially  for  the  debtvaud  costs,  to  be  made  of  the  buildings  and  lands  iu 
the  petition  described  ;  and  in  case  no  general  judgment  is  given  against 
the  builder,  such  proceedings  or  recovery  shall  be  no  bar  to  any  suit 
for  the  debt,  except  for  the  part  thereof  actually  made  under  such 
recovery. 

§  1615.  When  the  judgment  shall  be  against  the  building  and  land, 
or  against  the  building  alone,  a  special  v.-rit  of  execution  shall  issue, 
to  make  the  amount  recovered,  by  sale  of  the  property,  which  shall  be 
described  therein  ;  and  when  both  a  general  and  special  judgment  shall 
be  given,  both  writs  may  be  issued,  either  separately  or  combined  iu 
one,  or  one  may  be  issued  after  the  return  of  the  other  for  the  whole 
or  the  residup,  as  the  case  may  require. 

§  1G16.  Under  such  special  execution,  the  .-sheriff  shall  advertise, 
sell  and  convey  said  building  and  lot.  or  tlie  building  aloue,  in  the 
same  manner  as  in  other  cases  of  land  levied  on  for  debt ;  and  the 
deed  given  by  said  sheritf,  if  for  the  building  or  improvement  aloue, 
shall  convey  the  same  to  the  purchaser,  free  from  any  former  incum- 
brance on  tlie  land,  and  shall  authorize  him  to  enter  and  remove  the 
same  from  the  land,  with  reasonable  dispatch  ;  and  if  such  deed  shall 
be  for  the  land  also,  it  shall  convey  to  the  purchaser  such  estate  there- 
in as  the  owner  or  builder,  as  the  case  may  be,  had  at  the  time  when 
the  lien  under  which  the  sale  is  made  attached  thereon,  or  at  any  time 
afterwards,  subject  to  all  prior  incumbrances  ;  and  moreover,  shall 
convey  the  building  to  the  purchaser,  in  the  same  manner  as  if  the 
sale  was  of  the  building  alone. 

§  1617.  All  lien  claims  for  erecting  the  same  building  or  improve- 
ment, shall  be  concurrent  liens  upon  the  same,  and  the  land  whereon 
the  same  is  erected,  and  shall  be  paid  in  proportion,  out  of  the  pro- 
ceeds thereof,  when  sold  by  virture  of  this  chapter;  and  i.i  case  the 
sheriff  shall  have  doubts  as  to  the  proper  application  of  the  money,  he 
may  return  the  same  to  the  court,  stating  the  question,  for  its  deter- 
mination. 

§  1618.  Justices  of  the  peace  shall  have  jurisdiction  of  cases  aris- 
ino-  under  this  chapter,  where  the  amount  is  vvithin  their  cognizance, 
and  tho  proceedings  shall  be  as  nearly  in  accordance  with  the  provi- 
sions of  this  chapter  as  may  be  practicable,  and  the  parties  shall  have 
the  right  of  appeal,  as  in  other  cases. 


LANDLOED  AND  TENANT. 

IIEMEDY    FOR   EENT   BY    ATTACHMENT. 

§  1620.  If  any  lessor  of  lands  or  tenements,  his  executor  or  admin- 
istrators, agents  or  attorneys,  shall  make  complaint  on  oath  before  any 
justice  of  the  peace  of  the  county  where  such  lands  or  tenements  are 
situated,  that  his  tenant,  his  executor  or  administrator,  is  indebted  to 
him  for  rent  due  and  in  arrear  on  such  leased  premises,  specifying  the^ 
sum  due,  and  shall  give  bond  and  security  as  required  in  cases  of 
attachment  against  aJbsent  debtors,  such  justice  shall  issue  an  attach- 


Landlord  and  Tenant^  197 

meat  against  the  goods  and  chattels  of  such  tenant,  directed  to  the 
sheriff  or  any  constable  of  the  county,  comnumding  hitn  to  distrain  the 
goods  and  chattels  of  such  tenant,  to  an  amount  sutticient  to  satisfy  the 
rent  so  due  and  in  arrear,  and  all  costs. 

§  1G21.  The  officer  making  a  distress,  shall  give  notice  thereof,  with 
the  cause  of  such  taking,  to  the  tenant  or  his  representatives  in  person, 
if  to  be  found,  or  if  not  found,  by  leaving  such  notice  at  the  dwelling 
house  or  other  most  notorious  place  on  the  premises  charged  with  the 
rent  distrained  for ;  and  shall  forthwith  advertise  the  property  dis- 
trained for  sale,  in  not  less  than  ten  (biys  after  such  notice,  on  the 
premises,  or  at  some  convenient  i)ublic  place;  and  if  the  tenant  or 
owner  of  the  goods  distrained,  shall  not,  before  the  time  appointed  for 
the  sale,  replevy  the  same,  by  giving  bond,  with  security,  to  be  ap- 
proved by  such  officer,  payable  to  the  plaintiff  in  such  attachment,  in 
double  the  amount  claimed,  conditioned  for  the  ))ayment  of  the  rent 
claimed,  with  lawful  interest  for  the  same,  ai;d  all  costs,  at  the  end  of 
three  months  after  making  such  distress,  the  said  officer  shall  sell  the 
goods  and  chattels  so  distrained,  at  public  sale,  to  the  highest  bidder,  for 
cash,  and  shall,  out  of  the  proceeds  of  the  sale,  pay  all  the  costs  of  the 
proceedings  and  shall  pay  to  the  plaintiff  the  amount  of  his  demand, 
with  interest. 

§  1622.  When  any  landlord  or  lessor,  shall  have  just  cause  to  sus- 
pect, and  shall  verily  believe,  that  his  tenant  will  remove  his  effects 
from  the  leased  premises  to  any  other  place,  within  or  without  the 
county,  before  the  expiration  of  his  term,  or  before  the  rent  will  fall 
due,  so  that  no  distress  for  rent  can  be  made,  such  landlord  or  lessor,  on 
making  oath  thereof,  and  of  the  amount  of  rent  the  tenant  is  to  pay, 
and  at  v/hat  time  the  same  will  fall  due,  and  giving  bond,  as  required 
in  the  last  preceding  section,  may,  in  like  mauusr,  obtain  an  attach- 
ment against  the  goods  and  chattels  of  such  tenant  ;  and  the  officer 
making  the  distress  shall  give  notice  thereof,  and  advertise  the  prop- 
erty discrained  for  sale,  in  the  manner  directed  in  the  last  preceding 
section ;  and  if  such  teijfaiit  shall  not,  before  the  time  appointed  for 
such  sale,  give  bond,  with  sufficient  security,  in  double  the  amount  of 
the  rent,  payable  to  the  plaintiff,  conditioned  for  the  payment  of  the 
said  rent,  at  the  time  it  shall  fall  due,  with  all  costs,  the  goods  dis- 
trained, or  so  much  thereof  as  may  be  necessary,  shall  be  sold  by  the 
said  officer,  at  public  sale,  to  the  liighest  bidder,  for  cash,  and  out  of 
the  proceeds  of  the  sale,  he  shall  pay  all  the  costs,  and  shall  pay  to  the 
plaintiff  the  amount  due  him  for  rent,  deducting  interest  for  the  time 
until  the  rent  shall  become  payable. 

§  1623.  When  any  tenant  shall  have  actually  removed  his  effects, 
from  the  leased  premises,  before  the  rent  has  become  due,  so  that  there 
be  no  sufficient  property  liable  to  distress,  left  on  the  premises,  the 
landlord  may,  in  like  manner,  obtain  an  attachment  at  any  time  after, 
«uch  removal,  or  within  thirty  days  after  such  rent  becomes  due,  and 
may  levy  the  same  on  the  effects  so  removed,,  wherever  they  may  be 
found,  and  like  proceedings  shall  be  had  thereon,  as  in  other  cases. 

§  1624.  If  any  tenant  shall  at  any  time  convey,  or  carr}^  off  from 
the  demised  premises,   his  goods  or  chattels,   leaving  the  rent,  or  any 


19S       *  Landlord  and  Tenant. 

part  thereof,  unpaid,  the  landioi'd  or  lessor  may,  within  thirty  days 
next  after  such  conveyuig  away,  or  carrying  off  such  pjoods  or  chattels, 
cause  the  same  to  be  taken  and  seized,  according  to  the  provisions  of 
this  article,  wherever  the  same  may  be  found,  as  a  distress  for  the 
arrears  of  such  rent,  and  the  same  to  sell  in  the  same  manner,  as  if 
they  had  been  distrained  in  or  upon  the  demised  premises ;  protJide^?, 
that  no  goods  or  chattels,  so  carried  off,  and  sold  in  good  iaith,  for  a 
a  valuable  consideration,  before  such  seizure  made,  shall  be  afterwards 
liable  to  be  so  taken  and  seized,  for  any  arrears  of  rent. 

§  1625.  Every  replevin  bond,  taken  in  pursuance  of  this  chapter, 
shall  mention  that  the  same  was  entered  into  for  goods  or  otlier  estate 
distrained  for  rent,  and  restored  to  the  debtor,  and  shall  be  forthwith 
delivered  to  the  lessor  for  whom  distress  was  made  ;  and  if  the  money 
shall  not  be  paid,  according  to  the  condition  of  such  bond,  any  court 
having  jurisdiction  of  the  amount  thei-eof,  shall,  on  motion,  award  exe- 
cution against  the  obligors  therein  ;  said  bond  being  filed  in  such  court, 
and  five  days'  notice  given  of  such  motion. 

§  1626.  Any  person  having  rent  in  arrears,  or  due  upon  any  lease 
for  life,  years  or  otherwise,  ended  and  determined,  or  his  executors  or 
administrators,  may  distrain  for  such  arrears,  after  the  termination  of 
the  respective  leases,  in  the  same  manner  as  if  the  same  had  not  been 
determined  ;  provided, ,  that  such  distress  be  made  within  six  months 
after  the  termination  of  such  lease,  and  during  the  continuance  of  such 
landlord's  title  or  interest,  and  during  the  possession  of  the  tenant  from 
whom  such  arrears  are  due. 

§  1627.  It  shall  not  be  lawful  for  any  person  taking  any  distress  to 
drive  or  remove  the  same  out  of  the  county  where  such  distress  was 
taken;  and  if  any  person  shall  so  remove  any  goods  or  chattels  dis- 
trained as  aforesaid,  he  shall  pay  to  the  party  aggrieved  double  the 
value  of  the  property  removed,  to  be  recovered  in  an  action  of  trespass 
on  the  case;  and  moreover,  distresses  shall,  in  all  cases,  be  reasonable 
and  not  too  great,  and  any  person  who  shall  make  an  unreasonable  dis- 
tress, under  color  of  this  chapter,  shall  be  liable  to  the  action  of  the 
party  aggrieved  for  full  damages. 

§  1628.  Upon  any  pound  breach  or  rescous,  of  goods  or  chattels 
distrained  for  rent,  the  person  aggrieved  thereby  shall,  in  a  special 
action  upon  the  case,  for  the  wrong  thereby  sustained,  recover  treble 
damages,  with  costs  of  suit,  against  the  ofienders,  or  any  of  them,  in 
any  such  pound  breach  or  rescous,  or  against  the  owner  of  the  goods 
distrained,  incase  the  same  be  afterwards  found  to  have  come  to  his 
use  or  possession. 

tenant's  remedy  against  landlord. 

§  1629.  In  case  an}'  distress  and  sale  shall  be  made,  under  color 
of  this  chapter,  for  rent  pretended  to  be  due  and  in  arrear,  w'here, 
in  truth,  no  rent  is  due  or  in  arrear  to  the  party  causing  such  dis- 
tress to  be  made,  then  the  owner  of  the  goods  and  chattels  so  dis- 
trained and  sold,  his  executors  or  administrators,  shall  have  remedy 
by  action  of  trespass  on  the  case,  against  tiie  person  in  whose  name  or 


Lcnidlorcl  and  Tenant.  199 

right  sucli  distress  was  taken,  his  executors  or  administrators,  and 
shall  recover  double  the  value  of  the  goods  and  chattels  so  dis- 
trained and  sold,  together  with  full  costs,  or  may  put  the  bond  of 
the  plaintiff  in  suit,  to  recover  damages  for  the  wrongful  suing  out 
of  said  attachment,  and  shall  recover  therein  double  the  value  of 
the  goods  and  chattels,  if  the  penalty  of  the  bond  amount  to  so 
much. 

§  1030.  The  tenant  or  defendant,  his  executors  or  administrators, 
may  replevy  the  goods  and  chattels  distrained  for  rent,  at  any  time 
belore  salethercof ;  but  before  any  writ  of  replevin  shall  be  granted 
in  such  case,  he  shall  enter  into  bond,  to  be  approved  by  the  clerk 
granting  the  same,  with  one  or  more  snllicient  sureties,  payable  to 
the  party  in  whose  name  or  right  such  distress  was  made,  in  a  pen- 
alty of  "double  the  amount  of  rent  distrained  for,  conditioned  to 
perform  and  satisfy  the  judgment  of  the  court  in  such  suit,  in  case 
he  shall  be  cast  therein  ;  and  if,  upon  the  trial  of  such  suit,  it  shall 
be  found  that  the  full  amount  of  rent  distrained  lor  was  justly  due, 
and  the  distress  lawfully  made,  the  party  injured  or  delayed  by  suing 
out  said  writ,  besides  a  judgment  for  a  return  of  tlie  goods  and 
chattels  replevied,  which  shall  be  entered  against  the  party  replevy- 
ing said  goods,  and  the  sureties  in  his  replevin  bond,  shall  also  have 
judgment  for  the  amount  of  the  rent  in  arrear  and  distrained  for, 
witii  interest  and  full  costs  of  suit ;  and  in  case  the  goods  replevied 
shall  be  restored,  the  same  shall  be  sold,  and  if  the  sale  thereof  shall 
not  be  sufficient  to  satisfy  said  judgment,  execution  shall  go  against 
the  party  replevying,  and  his  sui-eties,  for  the  residue. 

REPLEVIN    BY    THIED    PERSON. 

^  1631.  No  goods  or  chatties  found,  or  being  in  or  upon  any  de- 
mised premises,  and  not  belonging  to  the  tenant,  or  to  some  person 
bound  or  liable  I'or  the  rent  of  said  premises,  shall  be  liable  to  be  dis- 
trained for  the  said  rent ;  but  if  the  tenant,  or  person  liable  for  said 
rent,*have  a  limited  property  or  interest  in  such  goods  or  chattels,  the 
same  shall  be  liable  to  be  distrained  and  sold  for  the  property  or  inter- 
est such  tenant,  or  other  person  liable  for  said  rent,  may  have  therein  ; 
and  no  person  claiming  title  to  such  property  distrained  for  rent,  shall 
in  any  manner  avail  himself  of  the  provisions  of  this  article,  unless  by 
a  writ  of  replevin,  sued  out  and  levied  before  the  sale  of  such  property 
under  the  distress  ;  such  writ  of  replevin  shall  issue  in  favor  of  such 
claimant,  on  his  making  and  tiling  an  affidavit  that  the  goods  and  chat- 
ties distrained  are  his  property,  and  not  the  property  of  the  tenant,  nor 
held  in  trust  for  the  use  of  the  tenant  in  any  manner  whatsoever,  and 
that  the  same,  in  his  opinion,  are  not  liable  to  such  distress,  and  giving 
bond  and  security  for  double  the  value  of  the  property  attached  ;  and 
in  case  such  claimant  be  cast  in  the  suit,  judgment  and  execution  shall 
be  had,  as  in  cases  of  replevin  by  the  tenant ;  and  upon  such  claim 
being  made,  the  landlord,  or  person  making  such  distress,  may  release 
the  property  so  claimed,  and  forthwith  seize  and  attach  other  property 
of  the  tenant  in  lieu  thereof. 


200  Lancllai'd  and  Tenant. 

§  1632.  For  tlie  more  speedy  detern.nnatii.'n  of  all  such  writs  of 
replevin,  every  siich  writ  shall  be  returnable  to  the  next  term  of  the 
court  after  the  same  shall  be  issued  ;  and  the  court  shall,  at  the  return 
term,  cause  an  issue  to  be  made  up  therein,  and  the  same  shall  be  tried 
at  the  same  terra.  If  the  plaintiff  in  such  writ  shall  make  default,  or 
fail  to  prosecute  the  same,  like  judgment  shall  be  entered  against  him, 
and  the  sureties  on  his  bond,  as  upon  an  issue  found  against  him,  and 
no  new  replevin  or  writ  of  second  deliverance  shall  be  allowed  therein. 


KEJIEDY  BY  ACTION  AT  LAW  TO  PERSONS  HAVING  KENT  IN  ARREARS. 

§  1633.  Any  person  having  rent  in  arrear  or  due  u[jou  any  lease  or 
demise  of  lands  or  tenements  for  liie,  or  lives,  for  3'-ears,  at  will  or 
otherwise,  may  bring  an  action  of  debt  or  covenant  for  such  arrears  of 
rent,  in  case  the  lease  or  demise  be  under  seal ;  or  an  action  of  debt  or 
assumpsit  in  case  the  lease  or  demise  be  by  parol  or  not  under  seal, 
againist  the  person  wlio  ought  to  have  paid  the  same,  his  executors  or 
administrators. 

§  1634.  AH  persons  being  grantees  or  assignees  of  a;iy  lands,  tene- 
ments or  hereditaments  let  to  lease,  or  of  the  reversion  thereof,  from 
any  person  or  persons  and  the  heirs,  executors,  administrators  and 
assigns  of  such  grantees  or  assignees  shall  and  may  have  and  enjoy  the 
like  advantages  against  the  lessees,  their  executors,  adrainstrators  and 
assigns,  by  entry  for  the  non-j^ayment  of  the  rent,  or  for  doing  of  waste 
or  other  forfeitures,  and  also  shall,  and  may  have  and  enjo}'  all  and 
every  such  like  covenants  and  agreements  contained  and  expressed  in 
the  leases,  demises  or  grants,  against  all  the  said  lessees,  their  execu- 
tors, administrators  and  assigns,  as  the  said  lessors  themselves  or  their 
heirs  ought,  should  or  might  have  had  or  enjoyed,  at  any  time  ©r  times. 

§  1635.  All  lessees  of  lands,  tenements  and  hereditaments,  for  a 
term  of  years,  life  or  lives,  their  executors,  administrators  or  assigns, 
shall  and  may  have  like  action  and  advantage  against  all  and  every 
person  or  persons,  their  heirs  and  assigns,  which  have  or  shall  have 
any  gift  or  grant  of  the  reversion  of  the  said  lands,  tenements  or 
hereditaments,  so  letten,  or  any  parcel  thereof,  for  any  conditioii, 
covenant  or  agreement  contained  or  expressed  in  the  indentui'es  ot 
their  lease  or  leases,  as  the  same  lessees,  or  any  of  them,  might  and 
should  have  had  against  the  said  lessors,  and  their  heirs,  ail  benefit 
and  advantage  of  recoveries  in  value,  b}-  reason  of  any  warranty  in 
deed  or  law,  only  excepted. 

§  1636.  The  executors  and  administrators  of  any  person,  unto 
whom  any  rent  is  or  shall  be  due  and  not  paid  at  the  time  of  his 
death,  shall  and  may  have  an  action  of  debt,  covenant  or  assumpsit 
for  all  such  arrearages,  against  the  tenant  or  tenants  who  ought  to 
have  paid  the  said  rent,  so  being  behind  in  the  lifetime  of  their  tes- 
tator intestate,  or  against  the  executors  or  administrators  of  such 
tenants;  and  it  shall  and  may  be  lawful  for  every  such  executor  and 
administrator  of  any  such  person  to  whom   such   rent  is  or  shall  be 


Landlord  and  Tenant.  201 

clue,  iiml  not  paid  at  the  time  ol"  his  death,  to  distrain  Ibi'  tlie  arrcar- 
ngcs  of  all  such  rents  on  the  lands,  tenements  and  hereditaments, 
wliich  were  charged  with  the  payment  of  such  rents,  and  chargeable 
to  the  distress  of  the  said  testator  or  intestate,  so  long  as  the  same 
continue  in  the  seizen  or  possession  of  said  tenant,  who  ought  imrae- 
diatel\'  to  have  paid  the  said  rent  so  being  behind  to  the  said  testa- 
tor or  intestate  in  his  lifetime,  or  in  the  seizure  or  possession  of  an}' 
person  or  persons  claiming  the  said  lands,  tenements  and  heredita- 
ments only  by  and  from  the  said  tenant,  by  purchase,  gift  or  descent, 
in  like  manner  and  form  as  their  said  testator  or  intestate  might  or 
ought  to  have  done  in  his  lifetime;  and  the  said  executors  and  ad- 
ministrators, for  the  same  distress  lawfully  may  make  avowry'  upon 
the  matter  aforesaid. 

§  lGo7.  If  any  man  who  now  hath,  or  hereafter  shall  have,  in 
right  of  his  wife,  any  estate  in  fee  simple,  or  for  term  of  life  of,  or 
in  any  rents  or  fee  farms,  and  the  said  rents  or  fee  farms  now  are, 
or  hereafter  shall  be  due,  behind  and  unpaid,  in  said  wife's  life,  then 
the  said  husband,  after  the  death  of  his  said  wife,  his  executors  and 
administrators,  shall  have  an  action  for  the  said  arrearages,  against 
the  tenant  of  the  demesne,  who  ought  to  have  paid  the  same,  his 
executors  or  administrators;  and  also,  the  said  husband,  after  the 
death  of  his  said  wife,  may  distrain  for  the  said  arrearages,  in  like 
manner  and  form,  as  he  might  have  done  if  his  said  wife  had  then 
been  living,  and  may  make  avowrj'  upon  the  matter  aforesaid. 

§  1638.  An}^  landlord,  Avhere  the  agreement  is  not  by  deed*  or 
wdien  there  is  no  contract,  may  recover  a  reasonable  satisfaction  for 
the  lands,  tenements  or  hereditaments,  held  or  occupied  by  the 
defendant,  in  an  action  on  the  case  upon  promises,  for  the  use  and 
occupation  of  \yhat  was  so  held  or  enjoyed;  and  if  there  shall  ap- 
pear in  evidence,  on  the  trial  of  such  action,  any  parol  demise,  or 
agreement,  [not  heiiKj  by  deed,  lohereon  a  certain  rent  was  reserved), 
the  plaintiff  in  such  action  shall  not  therefor  be  non-suited,  but  may 
make  use  thereof,  as  evidence  of  the  amount  of  damages  to  be 
recovered. 

GENERAL    PKOVISIONS. 

§  1639.  When  a  tenant  for  life,  who  shall  have  demised  any  lands 
or  tenements,  shall  die,  on  or  after  the  day  when  any  rent  became 
due  and  payable,  his  executors  or  administrators  may  recover  from 
the  under  tenant,  the  whole  rent  due  in  action  of  assumpsit,  or 
other  proper  form  ol  action.  If  he  die  before  the  da\'  when  any 
rent  is  to  become  due,  they  may  recover  in  like  manner  the  propor- 
tion of  the  rent  which  accrued  before  the  time  of  his  death;  and 
the  tenant  lor  the  life  of  another,  his  executors  or  administrators, 
..shall  have  the  like  remedies,  in  case  of  the  death  of  the  person  by 
whose  life  the  estat3  is  held,  on  or  before  the  da}'  when  any  rent 
shall  become  due. 

§  1640.  In  all  cases  in  which  a  notice  is  required  to  be  given  by 
the  landlord  or  tenant,  to  determine  a  tenancy,  two  months'  notice 
in  writing  shall  be  given,  where  the   holding  is  from  year  to  year, 


202  Laiiclloixl  and  Tenant. 

and  one  month's  notice  shnll  be  given  where  the  holding  is  by  the 
half  year  or  quarter  year;  and  where  the  letting  is  b3^  the  month  or 
by  the  week,  one  week's  notice  in  writing  shall  be  given, 

§  1641.  When  any  distress  shall  be  made  for  rent  justly  due,  and 
au}^  irregularity  or  unlawful  act  shall  afterwards  be  done  by  the 
party  distraining,  or  his  agent,  the  distress  shall  not  therefore  be 
deemed  unlawful,  nor  the  party  making  it  a  trespasser  from  the 
beginning,  but  the  party  aggrieved  b^^  such  irregularity  or  unlawful 
act,  may  maintain  an  action  of  trespass,  or  on  the  case,  and  recover 
the  special  damage  he  may  have  sustained  thereby;  'provided,  that 
such  action  shall  not  be  sustained,  if  tender  of  amends  has  been 
made  by  the  party  distraining,  before  suit  brought. 

§  1642.  When  any  tenant,  being  lawfully  notified  by  his  land- 
loi-d,  shall  fail  or  refuse  to  quit  the  demised  premises  and  deliver  up 
the  same  as  required  by  said  notice,  or  when  any  tenant  shall  give 
notice  of  his  intention  to  quit  the  premises  by  him  holden,  at  a 
time  specified  in  such  notice,  and  shall  not  accordingly  deliver  up 
the  said  premises  at  the  time  in  said  notice  contained,  then,  and  in 
either  of  such  cases,  the  said  tenant  shall  from  thenceforward  pay 
lo  the  landlord  double  the  rent  which  he  should  otherwise  have  paid, 
to  be  levied,  sued  for  and  recovered  at  the  same  times  and  in  the 
same  manner  as  the  single  rent  or  sum,  before  the  giving  such  notice 
could  be  levied,  sued  for,  and  recovered,  and  such  double  rent  shall 
continue  to  be  paid  during  all  the  time  such  tenant  shall  continue 
in  possession  as  aforesaid. 

§  1643.  If  any  tenant  of  lands  or  tenements,  being  in  arrear  for 
reut^  shall  desert  the  demised  premises,  and  leave  the  same  unculti- 
vated or  unoccupied,  so  as  no  sufficient  distress  can  be  had  to  satisfy 
the  arrears  of  rent,  any  justice  of  the  peace  of  the  county  may,  at 
the  request  of  the  landlord,  and  upon  due  proof,  by  the  affidavit  of 
said  landlord,  or  some  other  credible  person,  that  the  premises  have 
been  so  deserted,  leaving  such  rent  in  arrear,  and  no  sutiicient  dis- 
tress thereon,  go  upon  and  view  the  said  premises,  and  upon  being 
satisfied,  upon  such  view,,  that  the  premises  have  been  so  deserted, 
he  shall  affix  a  notice,  in  writing,  upon  a  conspicuous  part  of  the 
premises,  stating  what  day  he  will  return  to  take  a  second  view 
thereof,  not  less  than  five  nor  more  than  fifteen  days  thereafter,  and 
requiring  the  tenant  then  to  appear  and  pay  the  rent  due.  At  the 
time  specified  in  such  notice,  the  justice  shall  again  view  the  prem- 
ises ;  and  if,  upon  such  second  view,  the  tenant  shall  not  appear 
and  pay  the  rent  due,  or  there  shall  not  be  sufficient  distress  upon 
the  premises,  then  such  justice  may  put  the  landlord  into  tlie  pos- 
session of  the  said  demised  premises,  and  the  lease  thereof  to  such 
tenant,  as  to  any  demise  therein  contained,  shall  from  thenceforth 
become  void.  The  tenant  may  appeal  to  the  circuit  court  from  the 
proceedings  of  the  justice,  at  any  time  within  thirty  days  after  such 
possession  delivered,  by  serving  notice,  in  writing,  thereof,  upon  the 
landlord,  and  by  giving  bond,  with  securit.y,  to  be  t^pprcved  by  such 
justice,  for  the  payment  to  the  landlord  of  all  costs  of  such  appeal, 
which   may  be  adjudged  against  such  tenant  ;    and  thereupon  the 


Landlord  and  Tenant,  203 

justice  &iiall  rctui'ii  the  proceedings  before  him  to  the  next  term  of 
the  circuit  court,  and  said  court  shall,  at  tlie  return  term,  examine 
the  proceedings  in  a  summary  way,  and  may  order  restitution  to  be 
made  to  such  tenan't,  witli  costs  of  appeal,  to  be  paid  by  the  land- 
lord ;  or  in  case  of  affirming  such  piuceedings,  shall  award  costs 
against  the  tenant,  and  the  sureties  in  his  bond. 

§  1644.  In  case  cither  party  to  any  action  of  replevin  shall  die, 
pending  the  same,  the  suit  shall  and  may  be  revived  for  or  against 
the  representatives  of  the  deceased  part}^  in  the  same  manner  as 
other  actions  at  law  that  survive  may  be  revived. 

§  1645.  The  oflicer  issuing  tmy  attachment  for  rent  shall  be  entitled 
to  the  sum  of  one  dollar  and  lifty  cents  for  taking  the  affidavit  and 
bond  and  issuing  the  writ,  to  be  paid  by  the  party  applying  for  the 
same,  which  shall  be  collected,  together  with  the  rent,  and  re- 
funded to  such  party  ;  and  the  sheriff'  or  other  officer  serving  said 
attachment  shall  be  entitled  to  the  same  fees  and  commissions  as 
are  allowed  to  sheriffs  for  serving  an  attachment  against  absconding 
debtors  and  levying  money  thereon, 

§  164G.  Any  tenant  or  lessee,  at  will  or  sufferance,  or  for  part  of. 
a  year,  or  for  one  or  more  years,  of  an}'  houses,  lands  or  tenements, 
and  the  assigns,  under  tenants,  or  legal  representatives  of  such 
tenant  or  lessee  may  be  removed  from  such  premises  by  any  justice 
of  the  peace  of  the  county,  or  b}'-  the  mayor,  chief  magistrate  or 
justice  of  the  peace  of  any  incorporated  city  or  town,  where  such 
premises  are  situated,  in  the  following  cases,  to-wit  :  1st.  Where 
such  person  shall  hold  over  and  continue  in  possession  of  the  de- 
mised premises,  or  any  part  thereof,  after  the  expiration  of  his  tei'm, 
without  the  permission  of  the  landlord. 

§  1647.  /Second:  where  such  i)crson  shall  hold  over,  without  such 
permission  as  aforesaid,  after  any  default  in  the  payment  of  rent, 
pursuant  to  the  agreement,  under  which  such  premises  are  held, 
and  satisfaction  of  such  rent  cannot  be  obtained  by  distress  of  any 
goods,  and  a  demand  for  su9h  rent  shall  have  been  made,  or  three 
days'  notice  in  writing,  requiring  the  payment  of  such  rpnt,  or  the 
possession  of  the  premises,  shall  have  been  served  by  the  person 
entitled  to  such  rent,  on  the  person  owing  the  same,  in  the  manner 
prescribed  by  this  chapter  lor  the  service  of  the  summons. 

§  1648.  The  landlord  or  lessor,  his  legal  representatives,  agents 
or  assigns,  shall  make  oath  or  affirmation  of  the  facts,  which  accord- 
ing to  the  last  two  preceding  sections,  authorize  the  removal  of  the 
tenant,  describing  therein  the  premises  claimed,  and  the  amount  of 
rent  due  and  when  payable,  and  in  the  case  of  a  tenancy  at  will,  or 
at  suU'erance,  that  the  necessar^^  notice  has  been  given  to  terminate 
such  tenancy. 

§  1649.  On  receiving  such  affidavit,  the  justice,  mayor,  or  other 
officer,  shall  issue  a  summons,  directed  to  the  sheriff,  or  any  consta- 
ble of  the  county,  or  the  marshal,  police  officer,  or  constable  of  any 
incorporated  city  or  town  wherein  the  premises  are  situated,  de- 
scribing the  said  premises,  and  commanding  him  to  require  the  per- 
son in  possession  of  the  same,  or  claiming  the  possession  thereof, 


204  Landlord  and  Tenant. 

forthwith  to  remove  from  the  same,  or  to  show  cause,  before  such 
justice  or  other  officer,  on  a  daj^  to  be  therein  named,  not  less  than 
three  nor  more  than  five  days  from  the  date  of  said  summons,  why 
possession  of  the  said  premises  sliould  not  be  delivered  to  such  ap- 
plicant. 

§  1650.  Such  summons  shall  be  served,  by  delivering  a  copy  to 
the  tenant,  and  at  the  same  time,  showing  him  the  original  ;  or,  if 
he  be  absent  from  his  last,  or  usual  place  of  residence,  by  leaving  a 
copy  at  such  place,  with  some  person  of  the  age  of  sixteen  years, 
or  if  no  such  person  be  residing  at  such  place,  t-ien  by  putting  up 
such  copy  in  some  conspicuous  place  on  the  premises  where  such 
tenant  hist  or  usually  resided ;  and  the  officer  serving  such  sum- 
mons, shall  forthwith  make  due  return  thereof  to  the  magistrate 
who  issued  the  same. 

§  1651.  If,  at  the  time  appointed,  it  appear  that  the  said  sum- 
mv^ns  has  been  duly  served,  and  if  no  sufficient  cause  be  shown 
to  the  contrary,  the  magistrate  shall  thereupon  issue  his  warrant  to 
the  sherifi",  or  any  constable  of  the  county,  or  to  any  constable,  mar- 
shal, or  police  officer  of  the  city  or  town  where  the  premises  are 
situated,  commanding  him  to  remove  all  persons  from  the  said  prem- 
ises, and  to  put  the  said  applicant  to  said  magistrate  into  the  full 
possession  thereof. 

§  1652.  The  person  in  possession  of  such  premises,  or  any  per- 
son claiming  possession  thereof,  may,  at  or  before  the  time  ap- 
pointed in  such  summons  for  showing  cause,  file  an  affidavit  with 
the  magistrate  who  issued  the  same,  denying  the  facts  upon  which 
the  said  summons  was  issued,  or  any  such  facts,  and  the  matters 
thus  controverted,  may  be  tried  by  the  said  magistrate,  or,  at  the 
request  of  either  partv,  by  a  jury. 

§  1653.  On  the  filing  "of  such  affidavit  by  the  tenant,  and  on  the 
request  of  either  part}',  the  magistrate  shall  issue  his  precept  to  the 
sherifi,  or  any  constable  of  the  county,  or  any  constable,  marshal 
or  police  officer,  of  the  city  or  town,  commanding  him  to  summons 
six  reputable  persons,  qualified  as  jurors  in  courts  of  record,  to  ap- 
pear before  such  magistrate,  at  such  time  and  place  as  he  shall 
therein  appoint,  not  more  than  three  days  from  the  date  thereof, 
for  the  purpose  of  trying  the  said  matters. 

§  1651.  The  persons  so  summoned  as  jurors,  if  not  excepted  to, 
shall  be  sworn  by  such  magistrate,  well  and  truly  to  hear,  try  and 
determine,  the  matters  in  difference  petween  the  parties.^  If,  for 
any  cause,  a  sufficient  number  of  competent  jurors  shall  not  be 
present,  the  magistrate  shall  forthwith,  without  writ,  cause  others 
to  be  summoned"  After  hearing  the  allegations  and  proofs  of  the 
parties,  the  said  jury  shall  be  kept  together  by  the  officer  summon- 
ing them,  until  they  agree  on  their  verdict.  If  such  jury  cannot 
agree,  the  magistrate  may  discharge  them,  and  issue  a  new  precept, 
in  manner  aforesaid,  for  another  jury. 

§  1655.  The  magistrate  may,  at  the  request  of  either  party,  ad- 
journ the  hearing,  from  time  to"  time,  no  one  adjournment  to  exceed 
ten  days,  except  by  consent,  and   may  issue  subpoenas  and  attach- 


Landlord  and  Tenant.  205 

ments,  to  compel  the  attendance  of  witnesses  ;  and  ever}-  ])erson 
who,  beinji:  served  with  such  subpa^na,  shall  fail  to  appear,  or,  ap- 
earing,  shall  refuse  to  testify  on  oath,  touching  the  matters  afore- 
said, shall  be  liable  to  the  same  proceedings  and  penalties,  provided 
by  law  in  similar  cases  ;  and  the  jurors  summoned,  and  failing  to 
attend,  without  sufficient  excuse,  shall  be  liable  to  the  same  penal- 
ties as  in  similar  cases. 

§  165G.  If  the  verdict  of  the  jury  be  in  favor  of  the  lessor  or 
landlord,  or  other  person  claiming  the  possession  of  the  premises, 
the  magistrate  shall  issue  his  warrant  to  the  sherilf,  constable,  or 
other  officer  hereinbefore  named,  commanding  such  officer  forthwith 
to  put  such  landloi'd,  lessor,  or  other  person,  into  tlie  possession  of 
the  premises,  as  hereinbefore  directed,  and  to  levy  the  costs  of  the 
proceedings  of  the  goods  and  chattels,  lands  and  tenements,  of  the 
tenant  or  person  in  possession  of  the  premises,  who  shall  have  con- 
troverted the  right  of  said  landlord,  lessor,  or  other  person  :  and 
whenever  a  warrant  shall  be  issued,  as  provided  in  this  chapter,  b}"- 
any  magistrate,  for  the  removal  of  any  tenant  from  au}-  demised 
premises,  the  contract  or  agreement,  for  the  use  of  the  premises,  if 
any  such  exist,  and  the  relation  of  landlord  and  tenant  between  the 
parties,  shall  be  deemed  to  be  cancelled  and  annulled  ;  i-trovided,  that 
nothing  in  this  chapter  contained,  shall  be  construed  to  impair  the 
rights  of  any  landlord  or  lessor,  or  of  any  tenant,  in  anj^  case  not 
herein  provided  for. 

§  1657.  If  the  verdict  be  in  favor  of  the  tenant,  he  shall  recover 
his  costs  of  the  applicant,  and  the  magistrate  shall  issue  execution 
therefor. 

§  1658.  In  case  the  proceeding  is  founded  upon  the  non-payment 
of  rent,  under  section  1467  of  this  chapter,  the  issuance  of  the  war- 
rant for  the  removal  of  the  tenant  shall  be  stayed,  if  the  person 
owing  said  tent  shall,  before  such  warrant  be  actuall}'  issued,  pa}^ 
the  rent  due,  and  all  the  costs  and  charges  of  the  proceedings,  or 
give  snch  security  as  shall  be  satisfactory  to  the  said  magistrate,  to 
the  person  entitled  to  such  rent,  for  the  payment  thereof,  and  costs, 
as  aforesaid,  in  ten  days  ;  and  if  the  said  rent  and  costs  shall  not 
be  paid  accordingl}-,  the  warrant  shall  then  issue,  as  if  the  proceed- 
ings had  not  been  stayed. 

§  1659.  The  magistrate  before  whom  any  proceedings  shall  be 
had  under  this  cliai)ter,  shall  keep  a  full  record  of  his  proceedings, 
and  shall  carefully  preserve  all  process  and  papers  io  the  cause,  and 
the  same  costs  shall  be  taxed  and  paid  as  are  allowed  for  similar 
service,  in  cases  of  forcible  or  unlawful  entrj^  or  detainer. 

§  1660.  The  circuit  court  of  the  proper  county  may  award  a 
cerliorari,  for  the  purpose  of  examining  any  adjudication  made  on 
any  application  hereby  authoriz;ed ;  but  the  proceedings  shall  not 
be  sta3-ed  or  suspenc^.ed,  l)y  such  writ  of  certiorari^  or  b}^  any  other 
writ,  or  order  of  any  court  officer  ;  upon  snch  certiorori,  the  circuit 
court  shall  have  power  to  examine  into  the  correctness  of  all  the 
decisions  of  the  officer  before  whom  the  proceedings  were  had,  upon 
questions  of  law  only;  and  also  to  require  the  return  of  such  parts 


206  Bastardy. 

of  the  proceedings,  as  are  material  to  an  examination  of  such  ques- 
tions upon  their  merits.  Whenever  any  such  proceedings,  brought 
before  the  circuit  court  by  certiorari,  shall  be  reversed  or  quashed, 
the  court  may  make  restitution  to  the  party  injured,  with  costs,  and 
may  make  such  orders  and  rules,  and  issue  such  process,  as  may  be 
necessary  to  carry  their  judgment  into  effect;  and  if  tlie  proceed- 
ings shall  be  reversed  or  qua.shtd,  the  tenant  ur  lessee  may  recover, 
against  the  person  making  application  for  such  removal,  an}^  dam- 
ages he  may  have  sustained,  by  reason  of  such  proceedings,  with 
costs,  in  any  action  on  the  case. 


BASTAEDY. 

PROCEEDINGS    BEFORE    JUSTICE    OF    THE    PEACE. 

g  1802.  When  any  single  woman,  Avho  slioll  be  delivered  of  a 
child,  which  b}'  law  would  be  deemed  and  held  a  bastard,  or  being 
]iregnant  with  child,  which,  if  born  alive,  would  be  a  bastard,  shall 
desire  to  make  complaint  against  the  father  of  such  child,  she  may 
make  such  complaint  to  an^^  justice  of  the  peace  of  the  county 
where  she  ma}'  be  so  delivered  ;  or  in  case  the  child  is  unborn,  then 
to  any  justice  of  the  peace  where  she  may  reside  ;  and  thereupon 
such  justice  shall  issue  a  warrant  for  the  person  accused,  to  be 
served  by  the  sheriff',  or  any  constable,  and  shall  cause  him  to  be 
brought  before  such  justice  forthwith  ;  and  upon  his  appearance, 
the  justice  shall  proceed  to  question  the  female,  in  presence  of  the 
party  accused,  touching  the  charge  against  bim,  which  examination 
shall  be  taken  down  in  writing  ;.  and  if  such  justice  should  think 
the  complaint  well  founded,  the  said  justice  shall  bind  the  accused 
in  a  bond,  with  sufficient  sureties,  in  a  penalty  of  not  less  than  five 
hundred  dollars,  to  be  and  appear  at  the  next  circuit  court  of  the 
lounty,  to  answer  tlie  complaint,  and  in  default  of  such  surety  may 
commit  the  accused. 

PROCEEDINGS    IN    CIRCUIT    COURT. 

§  1803.  It  shall  be  the  duty  of  the  justice  to  return  all  the  pro- 
ceedings to  the  next  circuit  court ;  which  court,  if  the  woman  should 
desire  it,  may  cause  an  issue  to  be  made  up,  whether  tlie  reputed 
father  is  the  real  father  or  not,  which  issue  shall  be  tried  by  a  juiy, 
as  other  issues  in  said  court;  and  on  the  trial  thereof,  both  parties 
shall  be  competent  witnesses. 

^  1807.  No  proceedings,  under  this  act,  shall  lie  instituted  after 
the  child  is  twelve  months  old. 


PRESEEVATION  OF  OYSTEES-THE  GAME  LAWS. 

§  18S9.  The  boards  of  supervisors  of  the  respective  counties 
within  this  state,  shall  have  full  power  and  jurisdiction  for  the  pro- 
tection and  preservation  of  the  03^sters  growing,  or  being  grown, 
and  of  the  game  running  or  being  produced,  in  a  state  or  condition 


Oysters,  Game^  etc.  207 

of  iiatiu'o,  wiLhiii  the  terriLoi'ial  limits  of  each  county  respoctivel}^ ; 
and  to  regulate  the  times,  places  and  circumstances,  under  whicii 
either  may  ])e  taken,  and  by  whom  and  in  what  quantities,  and  to 
what  extent  made  m'lrketable  ;  and  with  ample  power  to  conserve 
the  same  for  domestic  use,  aud  consumption  of  the  citizens  and 
sojourners  of  the  counties  respectively,  and  also  to  secure  a  private 
riglit  of  property,  in  oysters  banked,  planted  or  cultivated  in  the 
waters  of  the  county.  And  to  this  end,  said  boards  of  supervisors 
ma}',  from  time  to  time,  pass  all  such  ordinances,  in  form  of  orders 
or  resolutions,  as  thc,y  may  respectively  deem  necessary;  and  such 
ordinances  shall,  from  the  date  of  their  adoption,  or  from  such 
prospective  date  as  may  be  specified,  have  the  same  force  and  effect 
as  if  enacted  b}'  the  legislature  of  this  state,  and  shall  remain  in 
force  until  repealed  by  said  boards. 

§  1890.  The  said  boards  may  respectively  direct  the  publication 
of  such  ordinances,  in  such  manner  as  they  ma}-  judge  most  expe- 
dient ;  and  copies  thereof,  certified  by  the  clerk  of  the  board,  sliall 
at  all  times  be  taken  as  sutlicient  authentication  of  said  ordinances. 

§  1891.  The  judicial  administration  of  said  ordinances,  shall 
pertain  as  matters  of  police,  to  any  justice  of  the  peace  in  the  coun- 
ties respectively,  whether  the  act  complained  of  transpired  in  his 
beat,  or  elsewhere  in  said  count}^  or  before  any  magistrate  of  any 
city  or  town,  within  said  count}',  whether  designated  as  mayor,  or 
by  any  other  title  ;  and  the  breach  of  any  ordinance  prescribed  by 
the  board  of  supervisors,  shall  be  decreed  and  taken  to  be  a  misde- 
meanor, and  a  violation  of  the  police  order,  and  subject  to  forfei- 
ture of  the  oj'stcrs  or  game  taken  in  violation  of  such  police  regu- 
lations, and  to  such  fine  and  imprisonment  as  rnay  lie  prescribed  by 
said  ordinances,  or  to  one  or  more  of  these  penalties  ;  and  sucii 
complaints  shall  bo  summarily  heard  and  disposed  of,  as  other  mat- 
ters affecting  tlie  i)ublic  peace  and  order. 

^  1892.  It  shall  be  the  duty  of  all  sheriffs,  constables,  and  town 
and  city  marshals,  within  the  county,  to  seize,  with  or  without  pro- 
cess, au}''  person  or  persons,  whom  they  may  see  and  know,  or  have 
good  reason  to  believe,  to  be  violating  any  such  police  regulations, 
and  to  seize  all  such  oysters  or  game,  found  in  the  possession  of 
such  person,  in  violation  of  said  police  regulations,  together  with 
the  boats,  casts,  or  other  conveyances  or  things,  in  which  the  oys- 
ters or  game  may  be  held  or  contained  ;  aud,  first  securing  the  same, 
shall  forthwith  convey  the  person  or  persons  from  whose  custodv 
the  game  or  oysters  shall  have  been  taken,  before  any  magisti'ate  or 
justice  of  the  peace,  as  aforesaid,  to  be  dealt  with  according  to  the 
rules  and  regulations  prescribed  by  such  boards  for  such  offense. 

§  1893.  It  shall  be  competent  for  the  boards  of  supervisors,  in 
cases  of  forfeiture  of  the  articles  seized,  to  determine  the  disposi- 
tion to  be  made  of  tiiem  ;  and  if  there  be  any  delay  given"  to  the 
party  arrested,  for  the  hearing  of  the  case,  the  magistrate  ma}-  cause 
the  articles  seized,  to  be  disposed  of  before  the  hearing,  and  the 
proceeds  to  be  held  to  abide  the  result. 


208  Oysters,  Game,  etc. 


GAME     LAVr. 


Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Missis- 
sippi, That  it  shall  be  unlawful  in  any  place  in  this  state  to  catch,  kill 
or  injure,  or  pursue  Avith  such  intent  any  wild  buck,  deer,  doe  or  fawn, 
between  the  fifteenth  day  of  May  and  the  fifteenth  day  of  September; 
and  it  shall  be  unlawful  to  catch,  kill  or  injure,  or  pursue  with  such 
intent,  any  wild  turkey,  between  the  first  day  of  May  and  the  fifteenth 
day  of  September ;  and  it  shall  also  be  unlawful  to  catch,  kill  or  injure, 
or  pursue  with  such  intent  any  quail,  sometimes  called  partridge,  be- 
tween the  first  day  of  April  and  the  fifteenth  day  of  September;  and  it 
shall  be  also  unlawful  to  catch,  kill  or  injure,  or  pursue  with  such  intent, 
any  turtle-dove,  sometimes  called  mourning  ('ove,  or  any  starling,  com- 
monly known  as  fiehl  lark,  between  the  first  day  of  April  and  the  fif- 
teenth day  of  September  ;  and  it  shpll  be  unlawful  at  any  and  all  sea- 
sons to  catch,  kill  or  injure,  or  pursue  with  such  intent,  the  mocking 
bird,  cat  bird,  or  thrush. 

Sec.  2.  Be  it  further  enacted.  That  no  person  shall  destroy  or  rob 
the  nests  of  any  wild  bird  whatever,  excepting  crows,  black  birds,  blue 
jays,  hawks,  owls,  and  other  birds  of  prey. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  unlawful  for  any  per- 
son to  purchase,  have  in  his  possession  or  expose  for  sale  any  of  the 
birds  or  game,  mentioned  in  section  one  of  this  act,  during  the  season 
when  the  catching,  killing  or  injuring  the  same  is  prohibited. 

Sec.  4.  L5e  it  further  enacted,  That  it  shall  be  unlawful  for  any  rail- 
road company,  express  company,  or  other  company,  steamboat,  or  car- 
rier, or  private  individual  to  have  in  possession  or  receive  for  transpor- 
tation or  carriage,  or  for  any  other  purpose  whatever,  any  of  the  birds 
or  game  mentioned  in  section  one  of  this  act,  during  the  season  when 
the%atching,  kdling,  or  injuring  the  same  is  hereby  prohibited.^ 

Sec.  5.  Be  it  further  enacted.  That  any  person  or  persons  violating 
the  provisions  of  this  act,  by  killing,  selling  or  offering  for  sale,  or 
havino-  in  possession  any  of  the  birds,  or  game  mentioned  in  this  act, 
during  the  season  hereby  prohibited,  or  any  fresh  venison,  during  the 
season  mentioned  in  section  one,  shall  for  each  of  the  birds,  and  each 
head  of  game,  and  each  piece  of  fresh  venison  so  killed,  sold,  or  ex- 
posed for  sale,  or  had  in  possession,  on  conviction  thereof,  forfeit  and 
pay  a  fine  of  not  less  than  three  or  more  than  ten  dollars  for  each  bird, 
and  not  less  than  ten,  or  more  than  twenty  dollars  for  each  buck,  deer, 
doe,  or  fawn,  or  piece  of  fresh  venison,  and  three  dollars  for  each  nest 
of  eggs  destroyed  as  aforesaid,  together  with  costs  of  prosecution. 

Sec.  6.  Be'it  further  enacted,  That  any  violation  of  the  provisions 
of  this  act  may  be  prosecuted  before  any  justice  of  the  peace  or  any 
other  ofiicer  or  court  having  jurisdiction  of  misdemeanors,  and  the 
judgment  of  such  court  shall  be  enforced  in  like  manner,  as  in  other 
cases  of  misdemeanor. 

Sec.  7.  Be  it  further  enacted,  That  upon  collection  of  any  judg- 
ment record  for  any  violation  of  the  provisions  of  this  act,  one-half  of 
such  fine  or  judgment  shall  go  to  the  informer  and  the  other  half  shall 
go  to  the  common  school  fund. 


Fences,  Partition  Walls,  etc.  209 

Sec.  8.  Be  it  further  enacted,  That  it  is  hereby  made  the  duty  of 
all  sheriffs,  constables,  market  masters,  members  of  boards  of  super- 
visors and  police  officers  to  arrest  all  persons  violating,  or  in  the  act  of 
violating,  any\of  the  provisions  of  this  act,  and  take  them  before  a  jus- 
tice  of  the  peace  or  other  officer  having  jurisdiction  to  hear  and  try 
complaints  for  the  violation  of  the  provisions  of  this  act. 

Sec.  9.  Be  it  further  enacted.  Thai  if  any  person  or  persons  shall 
take,  catch  or  kill,  or  attempt  to  take,  catch  or  kill  any  of  the  birds  or 
animals  mentioned  in  this  act  upon  the  lands  or  premises  of  any  owner, 
who  has  posted  the  same,  forbidding  such  trespass,  unless  he  or  they 
shall  first  have  obtained  the  consent  of  such  owner  or  owners  or  other 
person  or  persons  in  charge  of  such  land  or  premises,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  fined  not  less  than  ten  nor  more  than 
fifty  dollars,  to  be  recovered  in  the  same  manner  and  appropri- 
ated as  other  fines  under  this  act;  ])rovided,  that  this  act  shall  not 
apply  to  any  one  shooting  birds  on  his  place  to  prevent  them  from 
depredating  upon  his  vineyard  or  garden.  (Approved,  jSIarch  31, 
1876.) 

SUPPLEMENTAL    GAME    LAW. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Missis- 
sippi, That  section  1st  of  an  act  entitled  an  act  for  the  preservation  of 
game,  animals  and  birds,  in  the  fetate  of  Mississippi,  approved  March 
31st,  1876,  be  and  the  same  is  hereby  so  amended  and  supplemented  as 
to  substitute  the  15th  day  of  March  for  the  15th  day  of  May  and  the 
first  day  of  April,  where  the  same  occurs  in  said  section.  (Approved, 
April  14th,  1876.) 


Fences,  Partition  Walls  and  Trespass  by  Stock. 

WHAT   IS    A   LAWFUL   FENCE. 

§  1905.  All  fences  five  feet  high,  substantially  and  closely  built, 
with  plank,  pickets,  hedges  or  other  good  material,  and  which  are  strong 
and  close  enough  to  exclude  domestic  animals  of  ordinary  habits  and 
disposition,  shall  be  taken  and  considered  as  lawful  fences,  as  long  as 
they  are  kept  in  good  repair. 

§  1906.  A  fence  which  is  constructed  hy  making  a  strong  embank- 
ment of  earth,  two  feet  and  a  half  high,  with  sufiicient  base,  and 
erecting  thereon  a  fence  of  common  rails,  ])lanks,  pickets  or  hedges, 
the  same  height  above  the  embankment,  closely  and  substantially  built, 
so  as  to  exclude  ordinary  stock,  shall  also  be  taken  and  considered  as  a 
lawful  fence,  as  long  as  it  is  kept  in  good  repair. 

§  1907.  A  fence  made  of  common  rails,  and  built  in  the  form 
known  as  a  worm  fence,  and  which  is  six  feet  high,  built  of  good, 
sound  and  heavy  rails,  Nvell  lapped  and  crooked,  shall  be  considered  as 
a  lawful  fence,  as  long  as  it  is  kept  in  repair  ;  p'ovidcd,  that  such  fence 
be  close  enough  to  exclude  ordinary  domestic  animals. 
14 


210  Fences,  Partition  Walls,  etc. 

PARTITION    WALLS    AND    FENCES. 

§  1908.  Persons  owning  adjoining  laud,  or  lots  of  land,  or  being 
lessees  thereof  for  more  than  two  years,  shall  be  bound  to  contribute 
equally  to  the  erection  of  fences  on  the  line  dividing  the  land  or  lots, 
if  the  laud  or  lots  on  their  respective  sites  be  used  by  tiie  owner  or 
lessee  thereof,  for  purposes  of  cultivation,  or  for  .horticultural  pur- 
poses, or  for  the  piuposes  of  depasturing  cattle,  horses,  hogs,  or  sheej), 
or  if  a  lot  be  used  as  an  enclosure  for  any  other  purpose ;  and  each 
party  shall  be  bound  to  contribute  equally  towards  keeping  partition 
fences  in  good  repair,  so  long  as  the  land  or  lot  be  used  as  aforesaid  ; 
but  no  owner  shall  be  bound  to  contribute  to  the  erection  of  a  dividing 
lence,  either  now  built  or  to  be  built,  or  to  the  keeping  the  same  in  re- 
repair,  who  may  prefer  to  erect  a  fence  of  his  own,  and  to  leave  a4ane 
on  his  own  land,  between  himself  and  the  adjoining  owner;  but  the 
failure  to  erect  such  fence,  for  the  space  of  sixty  days,  shall  be  deemed 
an  abandonment  of  the  intention  to  do  so,  and  a  determination  to 
adopt  the  fence  built ;  and  the  party  so  failing,  shall  then  be  bound  to 
pay  his  proportion  of  the  value  of  the  fence  already  erected. 

§  1909.  In  case  any  owner  or  lessee  of  land,  shall  desire  to  erect  a 
fence,  on  a  line  which  divides  his  laud  from  the  land  of  another  person, 
which  is  used  by  that  other  person  for  any  of  the  purposes  aforesaid, 
and  that  other  person  being  requested  to  do  so,  will  not  contribute  his 
proper  share  of  the  work,  aud  furnish  the  requisite  materials,  suitable 
for  the  description  of  fence  necessary  to  be  built,  or  pay  the  value  of 
his  share,  the  party  desiring  to  build  the  fence,  may  erect  or  construct 
the  whole  of  it,  of  a  proper  and  suitable  kind,  which  shall  be  a  lawful 
fence,  and  may  thereafter  apply,  in  vvriting,  to  any  justice  of  the  peace 
of  the  county,  to  appoint  proper  joersons  to  assess  the  amount  which 
should  be  contributed  by  the  other  party  ;  and  such  justice  shall,  under 
his  hand  and  seal,  appoint  three  respectable,  impartial  house-holders  of 
the  neighborhood,  to  view  the  fence,  aud  determine  what  amount 
should  be  paid  to  the  party  who  erected  the  same,  by  the  party  who 
owns  the  adjoining  land,  who  has  failed  to  contribute  to  making  the  • 
fence.  The  opposite  party  shall  have  five  days'  notice  of  the  time  of 
the  meeting  of  the  house-holders,  which  notice  may  be  served  person- 
ally, or  on  an  agent^  or  left  at  the  dwelling  of  the  party,  if  he  be  ab- 
sent, and  each  party  may  introduce  proof  of  the  value  of  the  fence ; 
and  the  said  house-holders,  or  a  majority  of  them,  may  assess  the 
amount  to  be  paid  by  the  one  party  to  the  other,  and  shall  give  to  the 
party  entitled  to  the  compensation,  a  certificate,  under  their  hands, 
stating  the  amount  they  assess  in  his  favor ;  and  thereupon  such  party 
may  maintain  an  action  for  the  amount  assessed  by  the  house-holders, 
or  a  majority  of  them,  before  a  justice  of  the  peace,  if  the  amount  be 
within  his  jurisdiction,  or  before  any  court  having  jurisdiction  ;  and 
the  order  of  the  justice  appointing  the  house-holders,  or  proof  thereof, 
if  it  be  lost,  and  the  certificate  of  the  house-holders,  or  proof  of  notice 
to  the  opposite  party,  of  the  time  of  the  meeting  of  the  house-holders, 
shall  be  sufficient  evidence  to  support  the  action.  The  house-holders 
shall  each  receive  one  dollar  and  fifty  cents  per  day,  whilst  discharging 


Fences,  Partition  Walls,  etc.  211 

the  duty,  to  he  paid  by  the  party  at  whose  in.stauce  they  were  appointed, 
who  may  recover  the  amount  as  costs,  and  the  justice  shall  be  entitled 
to  one  dollar  for  issuing  the  order,  to  be  paid  and  recovered  in  like 
manner. 

§  1910.  In  case  any  partition  fence  has  been  heretofore  built,  on  a 
dividing  line,  and  the  adjoining  land  be  used  by  the  owner  thoreof,  for 
any  of  the  purposes  aforesaid,  the  party  who  built  the  same,  sliall,  in 
like  manner,  be  entitled  to  compensation,  to  the  extent  that  ought  to 
be  contributed  by  t!ie  owner  of  the  adjoining  land ;  and  in  case  of  re- 
fusal to  pay  the  same,  the  amount  may  be  assessed,  and  a  recovery  had, 
in  the  same  manner  as  for  erecting  a  new  fence. 

§  1911.  Each  proprietor  of  land  or  lots,  separated  by  a  partition 
fence,  on  the  line,  shall  be  bound  to  contribute  his  due  proportion  of 
labor  and  materials,  in  keeping  such  fence  in  good  repair,  so  far  as  to 
make  it  a  lawful  fence;  and  on  failure  to  do  so,  the  party  who  may 
make  the  necessary  repairs  on  the  same,  may,  in  the  manner  above  de- 
scribed, apply  to  any  justice  of  the  peace,  who  shall  appoint  three 
house-holders  to  view  the  repairs,  assess  the  value,  and  give  a  certifi- 
cate thereof  ;  and  for  the  amount  assessed,  a  recovery  may  be  had,  as 
above  provided,  and  the  same  notice  shall  be  given  of  the  meeting  of 
the  house-holders,  who  shall  be  entitled  to  like  compensation,  and  the 
same  fee  may  be  charged  by  the  justice  of  the  peace. 

§  1912.  Partition  fences  erected  and  paid  for,  and  kept  iu  repair, 
as  provided  in  the  preceding  sections,  shall  be  owned  jointly  hy  the 
respective  proprietors,  either  of  whom  may  require  the  other  to  contri- 
bute to  repairing  it;  but  it  shall  not  be  taken  away,  razed,  removed,  or 
left  down  by  either  party,  without  the  consent  of  the  other;  and  if 
either  party  should  violate  this  provision,  he  shall  be  liable  to  the  action 
of  the  other  party,  as  a  stranger  would  be ;  and  each  party  shall  be 
liable  to  the  other  for  injuries  or  trespasses  committed  by  his  stock,  by 
the  breaking  of  the  partition  fence  ;  but  no  party  shall  be  bound  to 
contribute  towards  keeping  a  partition  fence  in  repair,  after  he  shall 
have  ceased  to  use  the  land  which  is  so  divided  by  it. 

§  1913.  When,  from  natural  impediments,  it  shall  be  impracticable 
to  erect  the  entire  fence  on  the  line,  and  it  shall  become  necessary  to 
make  some  departure  on  either  side,  such  departure  may  be  made  ;  t)ut 
the  fence  shall,  notwithstanding,  be  a  partition  fence. 

§  1914.  In  case  any  joint  owner  of  a  partition  fence,  siiould  desire 
to  have  a  lane  on  his  own  land,  between  his  own  and  the  adjoining 
laud,  he  shall  be  at  liberty  to  remove  his  piirt  of  the  fence,  on  giving 
-six  months'  notice  to  the  other  joint  owner,  but  not  otherwise  ;  and 
any  proprietor  who  may  remove  from  his  land,  and  cease  to  use  it  for 
any  of  the  ])urposes  before  mentioned,  shall  thereby  abandon  his  right 
to  the  partition  fence  ;  but  in  case  of  ihe  sale  of  the  premises  to  another 
person,  the  purchaser  shall  have  the  same  right,  and  incur  the  same 
liabilities,  as  the  original  owner,  in  regard  to  the  partition  fences  ;  and 
a  lessee  for  a  longer  time  than  two  years,  shall  stand  in  the  attitude  of 
a  purchaser  during  his  term;  but  if  the  lease  be  for  two  years,  or  a 
shorter  time,  the  owner  shall  still  be  bound  to  contribute  towards  the 
erection  and  repair  of  partition  fences,  if  either  the  owner  or  the  tenant 


212  Fences,  Partition  Walls,  etc. 

use  the  land,  as  before  mentioned,  in  such  cases,  the  notice  served  on 
the  tenant,  if  the  owner  be  absent,  shall  be  sufficient. 

§  1915.  The  party  who  built  the  partition  fence  may  remove  it  at 
pleasure,  if  the  owner  of  the  adjoining  land  W\\\  not  pay  his  proportion 
thereof;  and  although  the  proprietor  of  any  land  may  desire  to  retain 
any  fence  built  by  hira,  on  a  line  which  divides  his  land  from  that  of 
another  person,  as  a  private  fence,  yet  that  other  person  may  adopt  the 
same  as  a  partition  fence,  by  paying  his  proportion  of  the  value  thereof ; 
and  if  the  value  cannot  be  agreed  upon  by  the  parties,  the  person  de- 
siring to  adopt, the  fence,  may  apply  to  a  justice  of  the  peace  to  ap- 
point three  house-holders,  to  assess  the  proportion  that  should  be  paid, 
in  the  same  manner  as  provided  in  section  niueteen  hundred  and  nine, 
article  two,  of  this  chapter. 

§  1916.  Any  agreement  for  erecting  walls,  which  parties  may  make 
who  own  adjoining  lots,  and  desire  to  build  partition  walls,  shall  be 
binding,  whether  in  writing  or  not ;  and  in  case  of  the  failure  of  either 
party  to  comply  with  his  contract,  the  other  may  have  his  appropriate 
action  for  damages. 

^  1917.  If  the  owner  of  any  lot  shall  build  a  substantial  and 
durable  brick  wall,  on  the  line  which  divides  his  lot  from  another, 
and  the  owner  or  lessee  of  that  other,  should  desire  to  erect  an  ad- 
joining building,  and  connect  the  same  with  the  building  already 
erected,  so  as  to  make  the  wall  of  the  former  building  serve  as  the 
wall  of  his  own,  he  may  do  so,  but  shall  be  compelled  to  pay  the 
owner  of  the  first  wall  half  the  value  thereof,  or  half  the  value  of 
so  much  of  the  former  wall  as  he  may  desire  to'use  as  a  wall  to  his 
own  house  ;  but  he  shall  not  be  at  liberty  to  use  the  former  wall,  in 
any  way  which  may  prove  dangerous  or  detrimental  to  the  owner, 
or  which  shall  interfere  with  the  purposes  for  which  said  wall  was 
originally  built,  except  by  closing  the  lights  therein,  which  he  may 
do. 

^  1918.  No  person  shall  be  at  liberty  to  join  or  use  such  vvall,  as 
a  partition  wall  between  buildings,  without  first  paying  to  the  owner 
thereof  one-half  the  value  of  so  much  as  may  be  desired  to  be  used  ; 
and  if  the  parties  cannot  agree  as  to  the  value,  either  party  may 
apply  to  the  maj-or  or  chief  magistrate  of  the  town,  or  to  any  jus- 
tice "of  the  peace  of  the  town  or  count}-,  in  writing,  desiring  the 
appointment  of  suitable  persons  to  assess  the  amounts  to  be  paid  ; 
and  such  mayor  or  justice,  shall  thereupon  appoint  three  respecta- 
ble mechanics,  skilled  in  that  description  of  work,  to  assess  the 
amount  which  the  one  shall  pay  to  the  other,  which  shall  be  equiv- 
alent to  half  the  value  of  so  much  of  the  wall  as  may  be  desired  to 
be  used  as  a  partition  wall  ;  and  such  mechanics,  or  a  majorit}'  of 
them,  shall  examine  the  wall,  and  assess  the  amount  to  be  paid  to 
the  owner  thereof,  and  give  a  certificate  of  such  examination  and 
assessment,  to  the  party  at  whose  instance  Ihey  were  appointed  ; 
but  the  opposite  party  shall  have  five  days'  notice  of  the  time  of 
the  meeting  of  the  apprpisers,  and  their  names,  which  notice  may 
be  served  personally,  or  upon  an  agent,  if  the  party  be  absent,  or  it 
may  be  left  at  his  dwelling  house.     On  payment  or  tender  of  the 


Trespass  hy  Stock.  213 

■amount  assessed,  the  part}-  desiring  to  use  the  wall,  may  ])rocccd  to 
<lo  so,  but  not  otherwise  ;  and  if  his  work  be  then  interfered  with, 
he  may  have  restraining  process  by  bill  in  chancer}-. 

ij  1919.  If  the  appraisers  appointed  should,  from  any  cause,  fail 
to  discharge  the  dut}-,  new  appraisers  may  be  appointed  ;  and  if 
either  party  should  present  exceptions  to  the  mayor  or  justice,  to 
any  of  the  appraisers,  and  the  mayor  or  justice  should  be  of  opinion 
that  the  exception  is  well  founded,  a  new  appraiser  or  appraisers 
ma}'  be  ajipointed,  and  either  party  shall  be  at  liberty  to  introduce 
proof,  before  the  appraisers,  as  to  the  value  of  the  w^all. 

§  1920.  Any  partition  wall,  which  has  been  so  paid  for,  and  is 
used  as  such,  shall  not  be  removed  b}-  either  party,  without  the  con- 
sent of  the  other  ;  nor  shall  it  be  so  damaged  or  altered,  as  to  ren- 
der it  less  valuable  to  either  ;  and  if  either  party  should  violate  this 
provision,  he  shall  be  liable  to  the  other  as  a  trespasser,  for  all  dam- 
4iges  that  ma}-  be  sustained. 

AS    TO   TRESPASS    BY    STOCK. 

§  1921.  Every  owner  of  cattle,  horses,  mules,  hogs,  sheep,  jacks, 
jennies,  or  goats,  shall  be  liable  for  all  injuries  and  trespasses,  com- 
mitted by  such  animals,  by  breaking  into  the  enclosure  or  grounds 
of  another,  enclosed  by  a  lawful  fence  ;  and  for  the  first  trespass  or 
injury,  if  the  damages  do  not  exceed  one  hundred  and  fifty  dollars, 
a  recovery  may  be  had  before  a  justice  of  the  peace  ;  but  if  the 
damages  exceed  one  hundred  and  fifty  dollars,  suit  may  be  brought 
in  the  circuit  court  ;  and  for  every  succeeding  offense,  after  the 
owner  has  been  notified  of  the  first  traspass  or  injury,  double  dama- 
ges shall  be  recovered,  with  costs,  before  a  justice  of  the  peace,  if 
the  actual  damages,  when  doubled,  do  not  exceed  his  jurisdiction; 
but  if  they  do,  then  before  the  circuit  court ;  but  in  no  case  shall 
the  damages  be  assessed  at  less  than  two  dollars  for  each  horse, 
mare,  mule,  ox,  bullock  or  cow-,  that  may  break  into  the  enclosure 
of  another.  For  breaking  into  a  pasture  or  w-aste  ground,  double 
■damages  shall  not  be  recoverable,  and  the  damages  in  such  cases 
may  be  assessed  as  low  as  one  dollar  for  every  horse,  mare,  mule, 
ox,  bullock  or  cow,  that  may  break  into  any  pasture,  or  other  uncul- 
tivated or  waste  ground. 

§  1922.  Any  horse,  mare,  mule,  ox,  bullock,  cow,  jack  or  jenny, 
habitually  addicted  to  fence  breaking,  may  be  taken  and  confined  by  • 
any  person,  Into  whose  enclosure  or  ground  such  animal  may  have 
broken  ;  and  the  owner  of  such  animal,  shall  pay  to  the  person  who 
has  taken  up  the  animal,  seventy-five  cents  per  day,  -whilst  it  maybe 
so  kept,  which  charge  shall  be  paid  before  the  animal  is  taken  away; 
^provided,  the  owner,  if  know-n,  be  notified  of  such  detention,  which, 
however,  shall  not  aft'ect  the  right  of  recovery,  unless  unreasonable 
delay  has  occurred  in  giving  the  notice. 

§  1923.  The  condition  of  the  fence,  at  the  tinie  the  trespass 
complained  of  was  committed,  may  be  shown  in  mitigation  of  dam- 
ages, or  to  defeat  a  recovery  ;  but  the  party  suing  shall  be  notified. 


214:  Ohstriictions  to  Water-courses. 

at  least  five  days  before  the  trial,  that  the  sufficiency  of  his  fence- 
will  be  controverted,  so  that  he  may^  come  prepared  to  show  its  con- 
dition, by  rebutting  testimon.y. 

§  1924.  If  any  person,  whose  fence  is  not  a  lawfu-l  one,  shall 
hurt,  wound,  lame  or  kill,  by  shooting,  hunting  with  dogs,  or  other- 
wise, any  of  the  kind  of  horses,  horned  cattle,  hogs,  sheep,  goats, 
jacks,  or  jennies,  that  may  have  broken  into  his  enclosure,  he  shall 
pay  to  the  owner  thereof,  double  damages,  recoverable  before  a  jus- 
tice of  the  peace,  if  within  his  jurisdiction,  or  before  the  court 
having  jurisdiction  ;  but  if  the  person  liable  for  damages,  as  afore- 
said, will  pay  to  the  part}'  injured  what  shall  be  deemed  reasonable 
and  just,  by  three  respectable  neighbors,  indifferently  chosen,  to 
assess  the  same,  it  shall  be  a  bar  to  such  suit ;  and  if  the  party  in- 
jured, be  thereto  I'equested,  will  not  submit  the  matter  to  neighbors,, 
as  aforesaid,  or  will  not  join  in  choosing  such  neighbors,  then  the 
part}^  liable  to  such  damages,  may  choose  them  ;  j^^'ovided,  the  fore- 
going provisions  shall  not  extend  to  any  joint  owner  of  a  partition 
fence,  who  has  failed  to  make  the  proper  repairs  thereof,  as  against 
his  co-owner. 

§  1925.  If  any  person  shall  throw  down  any  gate,  bars,  fence  or 
fences,  enclosing  land  not  his  own,  without  the  permission  of  the 
owner,  or  shall  in  any  manner  injure  or  deface  any  building  not  his 
own,  he  shall  pay  to  the  owner  twenty  dollars  for  every  such  offense, 
to  be  recovered  before  a  justice  of  the  peace;  and  shall,  moreover, 
be  liable  to  all  damages  that  ma}'  have  resulted  from  such  act. 


Obstructions  to  Water-Courses,  Mills,  Dams,  and  Duties  of  Millers. 

now    MILLS    AND    DAMS    MAY    BE    BUILT. 

§  1927.  When  any  person,  owning  lands  on  one  side  of  any  water- 
course, the  bed  whereof  belongs  to  himself,  or  owning  lands  on  one 
side  of  a  water-course,  the  middle  of  the  bed  whereof  shall  be  the 
dividing  line  between  the  lands  of  himself  and  another  person,  and 
desiring  to  build  a  water  grist  mill,  cotton  gin,  or  other  machine  or 
engine  useful  to  the  public,  on  such  lands,  and  to  erect  a  dam  across 
the  same,  for  working  said  mill,  cotton  gin,  or  other  machine  or 
engine,  shall  not  himself  have  the  fee-simple  property  in  the  lands 
on  the  opposite  side  thereof,  against  which  he  would  abut  his  dam, 
he  shall  make  application  for  a  writ  of  ad  quod  damnum,  to  the 
board  of  supervisors  of  the  county  wherein  the  lands  proposed  for 
the  abutment  are,  having  given  ten  da3's'  previous  notice  to  the 
proprietor  thereof,  if  he  be  found  in  the  county,  and  if  not,  then  to 
his  agent  therein,  if  any  he  have,  which  court  shall  thereupon  order 
their,  clerk  to  issue  such  writ,  to  be  directed  to  the  sheriff,  com- 
manding him  to  summon  and  empanel  twelve  fit  persons,  being 
householders,  to  meet  upon  the  lands  so  proposed  for  the  abutment, 
on  a  certain  day,  to  be  named  by  the   court,  and  inserted   in   said 


Obstructions  to  Water-courses.         215 

writ,  of  Avliieh  (lay  notice  shall  be  j^ivcii  by  the  sheriff  to  the  pro- 
prietor, or  his  agent,  as  before  directed,  if  neitlier  of  thcni  was 
present  in  court  at  tlie  time  tlie  order  was  made. 

§  1928.  Tlic  jurors  taken  sliall  be  charged,  on  oath,  Ijy  tlio  said 
sheriff,  impartially,  and  to  the  best  of  their  skill  and  judgment,  to 
view  the  said  lands,  so  proposed  for  an  abutment,  and  to  locate  and 
circumscribe,  b}'  certain  metes  and  bounds,  one  acre  thereof,  having 
due  regard  therein  to  the  interests  of  both  parties,  and  to  appraise 
the  same  according  to  its  just  value;  to  examine  the  lands,  above 
and  below,  of  the  propert}^  of  others,  which  may  be  probabl}'  over- 
flowed, and  say  what  damage  it  will  be  to  the  several  proprietors, 
and  whether  the  mansion  house  of  any  such  proprietor,  or  the 
offices,  curtilage  or  garden  thereunto  immediately  belonging,  or 
orchards,  will  be  overflowed;  to  inquire  whether,  and  in  what  degree, 
fish  of  passage  and  ordinary  navigation  will  be  obstructed;  whether 
by  any,  and  by  what  means,  such  obstruction  may  be  prevented; 
and  wliether,  in  their  opinion,  the  health  of  the  neighborhood  will 
be  damaged  by  the  stagnation  of  the  waters. 

§  1929.  The  inquest,  so  made  and  sealed  by  said  jurors,  together 
with  the  writ,  shall  be  returned  by  said  sheriff  to  the  succeeding 
supervisors'  court,  who  shall  thereupon  order  a  summons  to  be 
issued  to  the  several  persons,  proprietors  or  tenants  of  the  lands  so 
located  or  found  liable  to  damages,  if  they  be  found  within  the 
county,  and  if  not,  then  to  their  agents  therein,  if  any  they  have, 
to  show  cause  why  the  part}^  applying  should  not  have  leave  to 
build  the  said  mill,  cotton  gin,  machine  or  engine,  and  dam. 

§  1980.  If  an}'  person,  proposing  to  build  such  mill,  cotton  gin, 
machine  or  engine,  and  erect  such  dam,  shall  have  the  fee  simple 
property  in  the  lands  on  both  sides  of  the  stream,  or  owning  the 
lands  on  one  side  of  a  water-course,  shall  desire  to  erect  such  mill, 
cotton  gin,  machine  or  engine,  and  to  abut  his  dam  on  any  rock  or 
island  in  the  said  water-course,  or  in  any  other  manner  to  extend 
his  dam  only  in  part  across  such  water-course,  not  abutting  it  on 
the  opposite  bank,  he  shall  apply  to  the  board  of  supervisors  of  the 
county  wherein  the  mill  house,  cotton  gin,  machine  or  engine  will 
stand,  for  a  like  writ,  which  writ  shall  be  directed,  executed  and 
returned  as  prescribed  in  the  former  case.  The  owner  of  such 
rocjc  or  island,  or  his  agent,  if  to  be  found,  either  in  the  county  in 
which  such  writ  may  be  applied  for,  or  in  the  county  in  which  the 
rock  or  island  ma}'  be,  shall  have  like  notice  of  the  application  for 
such  writ,  and  of  the  execution  thereof,  as  is  herein  provided  to  be 
given  to  the  owner  of  land  on  the  opposite  side  of  the  stream,  or  his 
agent. 

§  1931.  If,  on  such  inquest,  or  on  other  evidence,  it  shall  appear 
to  the  court  that  the  mansion  house  of  any  proprietor,  or  the  offices, 
curtilage  or  garden  thereto  immediately  belonging,  or  orchards,  will 
be  overflowed,  or  the  health  of  the  neighbors  be  annoyed,  they  shall 
not  give  leave  to  build  the  said  mill,  cotton  gin,  machine  or  engine, 
and  erect  the  said  dam;  but  if  none  of  these  injuries  are  likely  to 
ensue,  they  shall  then   proceed  to  consider  whether,  all    circum- 


216  Obstructions  to  Water-courses. 

stances  weighed,  it  be  reasonable  that  such  leave  should  be  given, 
and  shall  give,  or  not  give  it,  accordingl}-;  and  if  given,  they  shall 
lay  the  party  applying  under  such  conditions,  for  preventing  the 
obstruction,  if  an}'  there  be,  of  fish  of  passage  and  ordinar}'  navi- 
gation, and  for  preventing  any  impediment  to  the  convenient  cross- 
ing of  the  water-course  on  which  the  dam  may  l-e  erected,  as  to 
them  shall  seem  right. 

§  1932.  If  the  party  applying  obtain  leave  to  build  the  said  mill, 
cotton  gin,  machine  or  engine,  and  erect  the  said  dam,  he  shall,  upon 
paying  respective!}'  to  the  several  parties  entitled,  the  value  of  the 
acre  located,  and  the  damages  which  the  jurors  find  will  be  done 
b}'  overflowing  the  lands  above  and  below,  become  seized  in  fee 
simple  of  the  said  acre  of  land,  and  be  authorized  to  proceed  to 
erect  such  mill,  cotton  gin,  machine  or  engine,  or  dam.  But  if  he 
shall  not  begin  to  build  the  same  within  one  year,  and  finish  it  within 
three  years,  after  such  leave  of  the  court  obtained,  so  that  it  be  in 
good  condition  for  public  use;  or  if  such  mill,  cotton  gin,  machine 
or  engine  be  at  any  time  destro3-ed,  or  rendered  unfit  for  public  use, 
find  tlie  owner  or  occupier  thereof  shall  not  begin  to  rebuild  or 
repair  it  within  one  year,  and  finish  such  rebuilding  or  repair,  so 
that  it  be  in  good  condition  for  public  use,  within  three  years  from 
the  time  of  such  destruction  or  unfitness  for  use,  the  title  to  any 
land  condemned  under  this  act  shall  revert  to  the  former  owner,  his 
heirs  or  assigns,  and  the  leave  granted  by  the  court  to  erect  any  such 
mill,  cotton  gin,  machine  or  engine,  or  dam,  shall  cease  and  be  void; 
saving,  however,  to  all  persons  non  compos  mentis,  infants,  fenimes 
covert,  or  imprisoned,  and  to  all  persons  out  of  the  State  in  the  ser- 
vice thereof,  or  of  the  United  States,  three  years  after  their  several 
disabilities  are  removed,  for  the  purpose  of  rebuilding  or  repairing 
any  mill,  cotton  gin,  machine,  engine  or  dam,  belonging  to  them  at 
the  time  of  its  destruction,  or  of  its  becoming  unfit  for  public  use; 
and  saving,  also,  the  right  of  remainder  men  and  reversioners,  in 
the  manner  herein  provided. 

§  1933.  If  at  any  time  any  tenant,  for  life  or  j-ears,  of  any  such 
mill,  cotton  gin,  machine  or  engine  (except  those  erected  by  such 
tenant  himself,  after  the  commencement  of  his  estate),  which  has 
been  or  shall  be  destroj-ed,  or  which  has  become  or  shall  become 
unfit  for  public  use,  shall  have  failed  to  commence  or  finish  the 
rebuilding  or  repair  thereof,  within  the  time  hereinbefore  limited, 
it  shall  be  lawful  for  the  person  next  entitled  in  remainder  or  rever- 
sion to  such  mill,  cotton  gin,  machine  or  engine,  to  enter  thereupon, 
and  to  rebuild  or  repair  the  same,  and  to  hold  and  enjoy  it,  with  its 
appurtenances,  for  his  own  use  and  benefit;  2^^^ovided,  that  such 
remainder-man  or  reversioner,  if  under  none  of  the  legal  disabilities 
herein  enumerated  at  the  time  when  such  right  shall  accrue,  shall 
make  such  entry,  and  complete  such  rebuilding  or  repair,  within 
three  3'ears  from  the  time  of  tiie  failure  of  such  tenant  for  life  or 
3'ears,  or  if  noncompos  mentis,  an  infant, /e????n.e  covert, ov  imprisoned, 
or  if  out  of  the  State,  in  the  service  thereof,  or  of  the  United  States, 
shall  make  such  entrj',  and  complete  such  building  or  repair,  within 
three  years  after  the  disability  removed. 


Ohstructions  to  Water-couj^ses.  217 

§  1984.  When  any  owner  of  a  mill,  cotton  gin,  machine  or  engine 
heretofore  or  hereafter  established  by  law,  may  think  it  necessary 
to  raise  his  clam,  the  board  of  supervisors  of  the  county  wherein 
the  pond  licth,  upon  application  to  them,  shall  grant  a  second  writ 
of  ad  quod  damnavi,  to  value  the  additional  damage  done  thereby, 
under  the  same  rules  and  regulations  as  hereinbefore  directed. 

i^  1935.  If  any  person,  not  being  authorized,  as  hereinbefore  pro- 
vided, shall  make  or  erect  any  embankment,  levee,  dam,  or  other 
obstruction,  in  or  over  any  water  course,  so  as  to  cause  the  water  to 
overflow  on  the  land  of  any  other  person,  to  the  injury  of  said  land, 
or  of  au}'  crop  growing  or  planted  thereon,  and  shall  fail  to  open  or 
remove  the  same  on  request,  the  person  thus  injured  may  make 
complaint,  in  writing,  to  any  convenient  justice  of  the  peace  of  the 
count}',  who  shall  thereupon  issue  a  summons  to  the  opposite  party 
to  appear  before  him,  at  a  time  and  place  therein  to  be  named,  which 
shall  be  directed  to  and  executed  by  the  sheriff  or  any  constable  of 
the  county,  and  returned  in  the  same  manner  as  other  process  issued 
by  a  justice  of  the  peace  in  civil  cases;  and  upon  the  return  of 
said  summons,  three  householders  of  the  neighborhood  shall  be 
chosen,  one  by  the  said  justice,  one  by  the  part}^  complaining,  and 
the  third  by  the  defendant,  or  if  he  shall  fail  to  choose,  then  the 
third  shall  be  chosen  by  the  said  justice;  and  the  said  householders 
shall  be  forthwith  summoned  to  appear  before  the  said  justice;  and 
after  being  sworn,  faithfully  and  impartially  to  discharge  the  duties 
required  of  them,  the  said  householders  shall  proceed  to  examine 
the  obstructions  complained  of,  and  they,  or  a  majority  of  them, 
shall  report,  in  writing,  to  the  said  justice  whether,  in  their  opinion, 
such  obstructions  injure  the  land  of  the  party  complaining,  or  do, 
or  may  prevent  him  from  i)lanting  a  crop  thereon,  or  will  injure  the 
same  when  planted;  and  if  they,  or  a  majority  of  them,  report  in 
favor  of  the  i)arty  complaining,  and  the  opposite  party  shall  fail 
immediately  to  remove  such  obstruction,  the  said  justice  shall  issue 
Lis  precept  to  the  sheriff,  or  some  constable  of  the  county,  com- 
manding him  forthwith  to  cause  such  obstruction  to  be  removed,  so 
as  to  afford  free  passage  for  the  water;  and  it  shall  be  the  dut}^  of 
such  officer  to  employ  such  force  as  may  be  necessar}',  and  to  pro- 
ceed without  delay  to  remove  such  obstruction,  on  being  indemnified 
for  the  expense,  by  the  party  complaining,  if  he  shall  require  it. 

§  1936.  Any  householder  who  shall  fail  to  attend,  when  sum- 
moned, without  sufficient  excuse,  or  shall  fail  to  discharge  the  duty 
herein  required,  shall  be  fined,  by  the  said  justice,  in  the  sum  of 
twenty  dollars;  and  should  an}'  of  said  householders  fail  to  attend, 
or  serve,  or  be  excused,  others  may  be  forthwith  summoned  to  sup- 
ply their  places. 

v^  1937.  If  any  person  shall,  in  any  manner,  stop  or  cause  to  be 
stopped,  any  embankment,  levee  or  dam,  or  replace,  or  cause  to  be 
replaced,  any  obstruction  ordered  to  be  opened  or  removed,  in  pur- 
suance of  the  last  preceding  section,  or  shrill  obstruct,  impede,  or 
otherwise  hinder  or  interrupt  the  opening  or  removing  of  any  em- 
bankment, levee,  dam  or  other  obstruction,  ordered  to  be  opened  or 


218  Duties  of  Millers,  etc. 

removed  ia  pursuance  of  said  article,  such  person  sliall  be  liable  to 
indictment,  and,  on  conviction,  may  be  fined  not  exceeding  five  hun- 
dred dollars,  or  imprisoned  not  exceeding  six  months,  or  both,  at 
the  discretion  of  the  court.  « 

§  1938.  No  inquest  taken  by  virtue  of  this  act,  and  no  opinion 
or  judgment  of  the  court  thereupon,  shall  bar  any  public  prosecu- 
tion or  private  action,  which  could  have  been  had  or  maintained,  if 
this  act  had  never  been  made,  other  than  prosecutions  and  actions 
for  such  injuries  as  were  actually  foreseen  and  estimated  upon  such 
inquest. 


Duties  of  Millers  and  Owners  of  Cotton  Gins. 

g  1939.  No  person  shall  take  any  toll,  or  other  compensation, 
for  the  grinding  of  any  grain,  at  any  water  grist  mill  hereafter  built, 
unless  such  mill  be  established  by  order  of  court,  pursuantto  the 
provisions  of  law,  except  the  lands  on  which  such  mill  is  built,  and 
which  shall  be  rendered  unfit  for  cultivation  by  the  dam  erected 
across  any  water-course,  belong,  on  both  sides  of  such  water-course, 
exclusively  to  the  person  or  persons  erecting  such  mill  and  dam;  and 
if  any  person  shall  offend  herein,  he  shall  forfeit  and  pay,  for  every 
such  oftense,  the  sum  of  five  dollars,  to  be  recovered  by  warrant, 
before  any  justice  of  the  peace  of  the  proper  county,  with  costs. 

§  1940.  All  millers  shall  well  and  sufticiently  grind  the  grain 
brought  to  their  mills,  for  the  usual  consumption  of  the  persons 
bringing  the  same,  and  their  families,  and  in  due  turn  as  the  same 
shalfbe^brought,  and  may  take  for  the  toll  one-eighth  part,  and  no 
more,  of  all  the  grain,  of  which  the  remaining  part  shall  be  ground 
into  meal,  and  one-twelfth  part,  and  no  more,  of  all  grain  of  which 
the  remaining  part  shall  be  ground  into  hominy  or  malt. 

§  1941.  Every  miller,  or  occupier  of  a  mill,  who  shall  not  well 
and  sufficiently  grind,  as  aforesaid,  or  not  in  due  turn,  as  the  same 
shall  be  brought,  or  who  shall  take  or  exact  more  toll,  shalr(  whether 
such  mill  be  established  by  law  or  not,)  forfeit  and  pay  to  the  party 
injured  five  dollars  for  each  and  every  offence,  recoverable,  with 
costs,  before  any  justice  of  the  peace  of  the  county  where  such 
ofl^ence  shall  be  conimitted  ;  -provided,  that  every  owner  or  occupier 
of  a  mill  shall  have  a  right,  at  any  time,  to  grind  his  or  her  own 
grain,  lor  the  consumption  of  his  or  her  own  family  ;  and  provided, 
that  no  miller  shall  be  obliged  to  run  more  than  one  pair  of  stones 
for  the  purpose  of  grinding  grain  brought  to  his  mill,  for  the  con- 
sumption of  the  persons  bringing  the  same,  and  their  families. 

§  1942.  Every  owner  or  occupier  of  a  mill,  established  or  grind- 
ing for  toll,  as  aforesaid,  shall  keep  therein  sealed  measures  of  half 
bulliel  and  peck,  and  toll  dish,  sealed,  and  shall  measure  all  grain 
by  strike  measure,  under  penalty  of  paying  five  dollars  for  every 
such  failure,  recoverable,  with  costs,  before  a  justice  of  the  peace  of 
the  county  where  fuch  mill  shall  be,  to  the  use  of  the  informer. 


Arhitration  and  Award.  219 

§  1943,  The  owner  or  occupier  of  everv  darn,  over  which  ii  pub- 
lic road  passes,  shall  constantly  keep  such  dam  in  repair,  at  least 
twelve  feet  wide  at  the  top,  through  tlie  whole  length  thereof,  and 
shall  keep  and  maintain  a  Ijridge  of  the  like  Ijreadth,  with  strong 
rails  on  each  side  thereof,  over  the  pier  head,  flood  gates,  or  any 
waste-cut  through  or  around  the  dam,  and  over  any  race  or  canal, 
leading  to  or  from  the  mill  or  pond,  over  which  a  public  road  may 
pass,  under  the  penalty  of  two  dollars  for  every  twenty-four  hours' 
failure  ;  but  vt'here  a  mill-dam  shall  be  carried  away  or  destroyed  by 
tempest  or  accident,  the  owner  or  occupier  thereof  shall  not  be  liable 
to  the  said  penalties,  from  thenceforth,  until  one  month  after  such 
mill  shall  have  been  so  repaired  as  to  have  ground  one  bushel  of 
grain. 

§  1944.  Nothing  in  this  act  contained  shall  extend  to  any  grist 
mills  propelled  by  steam,  horses,  mules  or  oxen,  erected  b}'  the 
owner  or  proprietor  of  any  plantation,  for  the  use  of  such  owner  or 
iiroprietor,  and  which  inay  occasionall}'  be  used  in  grinding  for  the 
neighborhood. 

§  1945.  Every  owner  or  proprietor  of  any  cotton  gin,  erected  in 
or  within  half  a  mile  of  anycit}',  town  or  village,  is  hereby  required 
to  remove  or  destroy  all  cotton  seed  which  may  fall  from  such  gin, 
so  that  the  same  shall  not  predjudice  the  health  of  the  inhabitants 
of  such  cit}',  town  or  village  ;  and  ever}'  person,  being  the  owner  or 
proprietor  of  a  cotton  gin,  situated  as  aforesaid,  who  shall  neglect 
or  refuse  to  remove  or  destro}'  the  cotton  seed  in  and  about  such 
gin,  having  received  five  days'  notice,  shall  forfeit  and  pay  the  sum 
of  twenty  dollars  for  every  day  he  or  she  shall  neglect  or  refuse  to 
remove  or  destroy  the  cotton  seed,  as  aforesaid,  to  be  recovered  by 
warrant,  in  the  name  of  the  state,  before  any  justice  of  the  peace 
of  the  proper  county,  for  the  use  and  beneflt  of  the  informer. 


AEBITRATION  AND  AWARD. 

ARBITRATION    OF   FENDING   SUITS. 

§  1962.  In  all  suits,  which  may  be  pending  in  any  of  the  courts 
of  law  or  equit}',  in  this  state,  the  parties  may,  in  open  court,  con- 
sent to  have  all  matters  in  controversy  in  such  suit  referred,  for  de- 
cision, to  such  persons  as  the  parties  may  have  selected  as  arbitra- 
tors. 

§  1963.  When  the  parties  have  thus  appeared  in  court,  and  asked 
for  such  submission,  it  shall  be  the  duty  of  the  court  to  have  entered 
on  the  minutes  a  rule  for  such  submission,  pursuant  to  the  applica- 
tion of  the  parties. 

§  1964,  When  such  rule  has  been  entered,  further  proceedings  in 
court  shall  be  suspended  in  the  cause,  until  the  arbitrators  shall 
have  acted,  or  until  the  litigating  parties  shall  agree  that  proceed- 
ings may  be  resumed. 


220  ArlDitratioii  and  Award. 

§  1965.  When  the  award  of  the  arbitrators  has  been  made,  ac- 
cording to  the  submission,  and  approved  by  the  court,  it  shall  be 
entered  of  record,  and  shall  have  the  force  and  effect  of  judgments 
rendered  in  the  ordinary  mode,  and  may  be  enforced  by  the  usual 
final  process. 

DIFFERENCES    BETWEEN   MERCHANTS    AND    OTHERS. 

§  1966.  Whenever  pecuniar}'-  differences,  or  controversies,  arise 
between  merchants,  traders  or  others,  and  they  may  desire  to  termi- 
nate the  same  without  litigation,  they  may  proceed  as  follows  : 

§  1967.  The  parties  shall  enter  into  a  written  agreement,  to  be 
signed  by  each,  by  which  they  shall  stipulate  that  the  matters  in 
dispute  between  them  (to  be  distinctly  stated  in  such  agreement) 
shall  be  submitted  to  the  decision  and  award  of  arbitrators,  to  be 
named  in  such  agreement,  and  that  such  award,  when  made  in  writ- 
ing and  signed  b}''  the  arbitrators,  shall  be  made  a  rule  of  some 
court  of  competent  jurisdiction,  to  be  named  in  the  agreement,  and 
there  entered  as  a  rule  or  judgment  of  such  court,  and  enforced  as 
other  judgments  in  such  court.  The  agreement  shall  also  contain  a 
clause,  binding  both  parties  under  such  penalty  as  they  may  fix  and 
state  in  the  agreement,  to  abide  by  and  perform  the  award,  when 
made,  pursuant  to  the  terms  of  submission. 

PROCEEDINGS    IN    COURT. 

§  1968.  When  either  party  shall  produce,  in  the  designated 
court,  the  written  agreement  made  by  them,  and  the  written  award 
of  the  arbitrators,  thereto  attached,  and  shall  prove  to  the  court  the 
execution  of  the  agreement  and  written  award,  the  court  shall  cause 
the  same  to  be  filed  by  the  clerk,  and  have  a  judgment,  in  appro- 
priate form,  entered  on  the  minutes,  pronouncing  judgment,  pur- 
suant to  the  decision  or  award  of  the  arbitrators,  and  stating,  in 
such  order,  that  the  award  shall  be  final,  and  that  Iroth  parties  are 
finally  concluded  by  the  same,  and  the  judgment  rendered  thereon. 

§  1969.  On  judgments,  thus  rendered,  final  process  may  issue 
and  be  enforced,  as  in  ordinary  judgments  of  the  court. 

§  1970.  Should  it  be  made  to  appear  to  the  court  that  the  award, 
made  in  pursuance  of  this  chapter,  was  procured  by  fraud,  corrup- 
tion, or  undue  means,  or  that  there  was  partiality  and  favoritism  in 
the  arbitrators,  or  any  of  them,  the  same  shall  not  be  confirmed  by 
the  court,  but  rejected.  And  if  such  award  be  confirmed  by  the 
court,  and  it  shall  be  made  to  appear  to  the  court,  at  the  term  next 
succeeding  that  at  which  the  award  was  confirmed,  that  the  same 
was  procured  by  the  means  named  in  this  section,  it  shall  be  the 
duty  of  the  court  to  set  the  same  aside,  and  vacate  the  judgment  ; 
and  the  parties  shall  occupy  the  same  position  toward  each  other 
which  they  did  before  the}^  submitted  their  diff'erences  to  arbitration. 

§  1971.     Nothing  in  this  chapter  contained  shall  be  so  construed 


Exeinpt  Property.  221 

as  to  take  away  from  the  chancery  courts  of  this  fctate  the  powers 
which  they  possess  over  awards,  arbitraments,  ami  umiiirages,  ac- 
cording to  the  principles  of  equity  jurisprudence. 


EXEMPT  PROPEETY. 


PERSONAL    rROPEUTY    EXEMPX. 

§  2131.  The  following  propert}'  shall  be  exempt  from  seizure, 
under  execution  or  attachment,  to-wit: 

First — The  tools  of  a  mechanic,  necessar3'  for  carrying  on  his 
trade. 

Second — The  agricultural  implements  of  a  farmer,  necessary  for 
two  male  laborers. 

Third — The  implements  of  a  laborer,  necessary  in  his  usual  em- 
ployment. 

Fourth — The  books  of  a  student,  required  for  the  completion  of 
his  education. 

Fifth — The  wearing  apparel  of  every  person. 

Sixth — The  libraries  of  licensed  attorneys  at  law,  practicing  ph}-- 
sicians,  and  ministers  of  the  gospel,  not  exceeding  two  hundred  and 
fifty  dollars  in  value;  also,  the  instruments  of  surgeons  and  den- 
tists, used  in  their  professions,  not  exceeding  two  hundred  and 
fifty  dollars  in  value. 

Seventh — The  arms  and  accoutrements  of  each  person  of  the 
enrolled  militia  of  the  State;  and 

Eighth — All  globes,  books  and  maps,  used  by  the  teachers  of 
schools,  academies  and  colleges.  Also,  the  following  property  of 
each  head  of  a  family,  or  housekeeper,  to-wit:  Two  work  horses 
or  mules,  or  one  yoke  of  oxen,  two  cows  and  calves,  five  head  of 
stock  hogs,  and  five  sheep,  one  hundred  and  fifty  bushels  of  corn, 
three  hundred  bundles  fodder,  ten  bushels  of  wheat  or  rice,  two 
hundred  pounds  of  pork  or  bacon,  or  other  meat,  one  cart  or  wagon, 
not  to  exceed  in  value  one  hundred  dollars,  one  sewing  machine, 
and  household  and  kitchen  furniture,  to  be  selected  by  the  debtor, 
not  to  exceed  one  hundred  dollars  in  value. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  in  addition  to  the  property  now  exempt  by  law,  there 
shall  be  one  hundred  dollars  of  the  wages  of  all  daily,  monthl}'  or 
j-early  laborers  in  this  State,  exempt  to  said  laborers,  and  said 
wages  to  the  amount  of  one  hundred  dollars  shall  not  be  liable  to 
levy  by  execution  or  attachment,  and  shall  not  be  subject  to  gar- 
nishment in  the  hands  of  the  employers  or  in  the  hands  of  any 
other  person  for  said  laborer;  jjrovided,  that  this  act  shall  not  be 
so  construed  as  to  prevent  the  collection  of  debts  contracted  pre- 
vious to  the  passage  hereof.     (Approved  March  30, 1872.) 


ooo 


Exempt  Property. 


Section  1.  Be  it  enacted  1\v  the  Legislature  of  the  State  of  Mis- 
sissippi, That  the  wages  and  compensation  of  married  women  for 
services  and  labor  done  and  performed  by  them,  shall  be  free  from 
the  debts  and  control  of  their  husbands,  and  their  eraplo^'ees  are 
allowed  to  pay  such  wages  and  compensation  directly  to  such  mar- 
ried woman,  and  payment  to  them  shall  Ije  a  full  di'^charge  and 
acquittance  of  the  employer.      (Ai)proved,  April  18,  1873.) 

That  the  following  propert}^  and  no  otlier,  shall  be  exempt  from 
taxation,  to-wit:  All  cemeteries,  used  exclusively  for  burial  pur- 
poses; property,  real  and  personal,  belonging  to  the  United  States 
or  to  this  State,  or  to  any  count}'  or  incorporate  city  or  town  within 
the  same,  or  to  any  religious  societj-  or  incorporated  institution  for 
the  education  of  ^-outh,  used  exclusivel}^  for  the  benefit  and  support 
of  such  society  or  institution,  or  held  and  occupied  by  the  trustees 
of  schools,  and  school  lands  of  the  respective  townships,  for  the 
use  of  public  schools  or  property  appropriated  to,  and  occupied  and 
used  for  any  court  house,  jail,  house  of  correction,  poor  house,  hos- 
pital or  charitable  institution,  wearing  apparel,  not  including  jew- 
elry nor  watches,  provisions  on  hand  necessijry  for  famil}^  consump- 
tion, all  farming  produce  raised  in  this  state,  in  the  hands  of  the 
producer,  all  dogs,  one  gun  for  private  use,  all  poultr}-,  household 
furniture,  not  to  exceed  in  value  two  hundred  and  fifty  dollars,  two 
cows  and  calves,  ten  head  of  hogs,  ten  head  of  sheep  or  goats, 
farming  utensils  used  for  agricultural  purposes,  libraries  of  all  per- 
sons, pictures  and  works  of  art,  not  kept  or  offered  for  sale  or  mer- 
chandise, all  property  of  agricultural  and  mechanical  associations 
and  fairs  [so  long  as  the  same  shall  be  used  for  accomplishing  the 
object  of  such  association  and  fairs,  but  no  longer. — 1877],  and  the 
tools  of  an}^  mechanic  necessary  for  carrying  on  his  trade. — Ap- 
proxed  April  15th,  1S76. 

PROCEEDINGS  IN  EELATION  TO  EXEMPTION. 

§  2132.  If  any  sheriff  or  other  officer  shall  levy,  or  be  about  to 
levy  an  execution  or  attachment,  on  any  personal  property,  and  a 
doubt  shall  arise  as  to  the  liability  of  said  property  to  be  sold,  he 
may  demand  of  the  plaintiff  a  bond,  with  good  sureties,  payable  to 
such  officer,  in  a  sufficient  penalty,  conditioned  to  indemnify  and 
save  harmless  the  said  officer,  against  all  damages  which  he  may 
sustain,  in  consequence  of  the  seizure  or  sale  of  the  property  on 
which  the  execution  or  attachment  shall  be,  or  shall  have  been  lev- 
ied, and  will  pay  and,  satisfy  to  the  defendant,  all  damages  which 
he  may  sustain  in  consequence  of  such  seizure  or  sale;  and  if  such 
bond  be  not  given,  after  reasonable  notice,  in  writing,  from  the  offi- 
cer to  the  plaintiff',  his  agent  or  attorney,  that  he  requires  it,  the 
officer  ma}'  refuse  to  levy,  or,  having  levied,  may  dismiss  the  levy; 
but  if  the  required  bond  be  given,  the  officer  shall  seize  and  sell,  or 
dispose  of  the  property,  according  to  the  command  of  the  process 
in  his  hands,  and  shall  return  such  bond,  with  the  execution  or 
attachment. 


Exempt  Froperty.  223 

§  2133,  The  defendant,  in  execution  oi"  attaeliment,  may  sue  on 
the  bond,  in  tlie  name  of  the  payee,  for  his  use,  and  recover  double 
damages,  for  tlie  loss  he  has  sustained,  by  the  seizure  or  sale  of  such 
propert}';  and  after  the  due  execution  of  such  bond,  the  defendant, 
in  the  execution  or  attachment,  shall  be  barred  of  any  claim  against 
the  oificer  so  seizini;:.  or  selling  such  property,  unless  the  obligors  in 
said  bond  shall  be  or  become  insolvent,  or  the  Loud  otherwise 
invalid. 

§  2134.  If  an}-  oilicer  shall  seize  any  personal  property,  exempt 
from  execution,  he  shall  be  liable  to  an  action,  at  the  suit  of  the 
owner,  for  all  damages  sustained  thereby,  unless  he  has  taken  an 
indemnifying  bond,  as  hereinbefore  provided;  and  any  defendant, 
whose  exempt  propert}'  is  seized,  may  replevy  the  same^  by  giving 
bond,  with  sureties,  to  be  approved  b}^  the  oflicer  seizing  it,  in  dou- 
ble the  value  of  the  property,  payable  to  the  plaintiff  in  the  execu- 
tion, and  conditioned  to  have  the  property  forthcoming,  to  abide  the 
event  of  an  issue,  to  be  made  up  at  the  return  term  of  the  execution ; 
and  in  such  case,  the  oflicer  shall  deliver  the  property  to  such  de- 
fendant, and  shall  return  the  bond  with  the  execution;  and  at  the 
return  term  aforesaid,  an  issue  shall  be  made  up,  under  the  direction 
of  the  court,  and  tried,  as  in  case  of  the  trial  of  the  right  of  prop- 
ert}',  levied  and  claimed  by  a  third  person;  and  if  found  for  such 
defendant,  he  shall  recover  costs  of  the  plaintitf;  but  if  found  for 
plaintiff,  he  shall  have  judgment  against  the  obligors  in  said  bond, 
for  the  value  of  the  propert}-,  as  assessed  b}'  the  jury  or  court,  and 
coSits  of  suit, 

HOMESTEVD    EXEMPTION. 

§  2185.  Every  citizen  of  this  state,  male  or  female,  being  a  house- 
holder, and  having  a  family,  shall  be  entitled  to  hold,  exempt  from 
seizure  or  sale,  under  any  execution,  attachment,  judgment  or  de- 
cree, the  land  and  buildings  owned  and  occupied  as  a  residence  by 
such  debtor;  provided,  the  quantity  of  land  shall  not  exceed  eighty 
acres,  nor  the  value  thereof,  inclusive  of  improvements,  the  sum  of 
two  thousand  dollars. 

ALLOTMENT  OP  HOMESTEAD. 

§  2136.  If  the  land  on  which  such  debtor  resides  shall  exceed 
eight}'  acres  in  quantity,  or  two  thousand  dollars  in  value,  inclusive 
of  improvements,  the  officer  holding  an  execution  against  such 
debtor,  and  not  finding  other  property  to  satisfy  the  same,  shall  levy 
the  execution  on'the  whole  land,  and  shall  notify  the  defendant,  if 
to  be  found  in  his  county,  and  the  plaintitf  or  his  attorney,  if  in  his 
county,  each  to  select  one  householder  or  freeholder,  of  his  county; 
and  each  party  may  select  one,  and  inform  the  oflicer  of  his  selec- 
tion, and  the  oilicer  shall  select  a  third;  or  it  defendant  or  plaintitf, 
or  his  attorney,  be  absent  from  the  county,  or  if  he  shall  not  make 
a  selection,  as  aforesaid,  or  if  the  persons  selected  will  not  act,  the 


22i  Exempt  Property. 

officer  shall  select  the  three  householders  or  freeholders,  who,  on 
oath,  to  be  adniinistered  by  such  officer,  shall  set  off  to  such  debtor, 
a  portion  of  said  land,  embracing  the  dwelling  house  and  outhouses, 
and  not  exceeding  eight}'"  acres  in  quantit}'^,  or  two  thousand  dollars 
in  value,  which  allotment,  distinctly  indicated  by  metes  and  bounds, 
or  other  sufficient  description,  shall  be  returned  with  the  execution, 
and  the  lev}-  of  the  execution  shall  be  dismissed,  as  to  the  part  so 
allotted,  and  the  officer  may  advertise  and  sell  the  remainder  of  the 
land. 

§  2137.  If  the  premises  shall  not  be  capable  of  being  so  divided 
as  to  set  off  to  the  debtor  a  part,  including  the  dwelling  house,  and 
not  exceeding  two  thousand  dollars  in  value,  inclusive  of  improve- 
ments, the  said  householders  or  freeholders,  shall  set  off  a  conveni- 
ent portion  of  the  land,  to  include  the  dwelling  house  and  buildings, 
and  not  more  land  than  may  be  necessary  for  the  convenient  use 
thereof,  and  they  shall  appraise  the  value  of  the  part  so  set  off; 
and  in  case  the  surplus  of  such  valuation,  over  and  above  two  thous- 
and dollars,  shall,  within  sixty  days,  be  paid  by  the  execution  debtor, 
the  part  so  set  off  shall  not  be  sold  on  said  execution;  but  if 
such  surplus  shall  not  be  paid,  within  sixty  days  after  such  valua- 
tion, the  officer  maj^  advertise  and  sell  the  part  so  set  off:  j^rovided, 
the  same  shall  bring  a  greater  sum  than  two  thousand  dollars,  and 
cut  of  the  proceeds  of  the  sale,  he  shall  pay  to  the  execution  debtor 
the  sum  of  two  thousand  dollars,  which  shall  be  exempt  from  exe- 
cution for  one  year  thereafter  in  order  that  it  may  be  invested  in  the 
purchase  of  another  homestead. 

now  ALLOTMENT  CONTESTED. 

§  2138.  If,  before  or  after  the  return  of  the  execution,  the  plain- 
tiff' shall  file,  in  the  clerk's  office  from  which  the  execution  issued,  or 
before  the  justice  of  the  peace  who  issued  it,  as  the  case  maybe,  an 
affidavit  that  he  verily  believes  the  allotment  made  to  the  debtor,  by 
the  freeholders  or  householders,  is  not  correct,  and  that  the  land  so 
allotted  by  them,  or  some  part  of  it,  is  liable  to  sale  under  his  exe- 
cution, a  summons  shall  be  issued  by  the  clerk  or  justice  of  the 
peace,  for  the  defendant,  returnable  to  the  next  term  of  his  court, 
requiring  him  to  appear  and  answer  said  affidavit;  which  summons 
shall  be  executed  as  any  other  summons;  on  its  return,  an  issue 
shall  be  made  up  under  the  direction  of  the  court,  and  tried  as  in 
case  of  the  trial  of  the  right  of  property  levied  on  by  execution  or 
attachment,  and  claimed  by  a  third  person;  and  if  the  issue  be  found 
for  plaintiff,  a  venditioni  exponas  shall  be  issued  for  the  sale  of  such 
of  said  land  as  may  have  been  found  liable  to  sale,  and  the  plaintiff 
shall  have  judgment  for  costs;  if  the  issue  be  found  for  the  defend- 
ant, he  shall  recover  cost  of  the  plaintiff. 

§  2130.  If  a  defendant  is  dissatisfied  with  such  allotment,  he 
may  make  affidavit  before  the  sale,  which  aflidavit  may  be  made  before 
the  oflScer  having  the  execution,  th;it  he  verily  believes  it  is  not  cor- 
rect, ipecifying  wherein  he  believes  it  is  not  correct ;  and  the  officer 


Exempt  Propertij.  225 

shall  siisi)en<l  the  sale  of  so  imieii  as  the  said  defendant  so  claims, 
and  return  liis  allidavit,  with  the  execution,  to  the  court  to  which  it 
is  returnable  ;  and  a  summons  shall  issue  for  plaintilf,  or  if  lie  is  a 
non-resident  of  this  state,  for  his  attorney  of  record  in  said  case,  if 
he  have  one  ;  and  if  he  be  non-resident  and  have  no  aLtorne}'  in  this 
state,  publication  may  be  made  as  in  other  cases  ;  and  in  case  of 
the  death  of  plaintiff,  scire  facias  may  issue  for  his  representa- 
tives, and  when  proper  process  shall  have  been  returned,  executed, 
an  issue  shall  be  made  up,  and  like  proceedings  had,  as  when  the 
plaintiff  has  filed  an  aflidavit  of  dissatisfaction;  and  if  the  issue,  in 
whole  or  in  part,  be  found  in  favor  of  defendant,  judgment  shall  be 
entered  according!}-,  and  execution  may  go  according  to  the  judg- 
ment. 


EXEMPTION  IN  CITIES,  TOWNS  AND  VILLAGES. 

§  2140.  Ever}'  person,  being  a  householder,  and  having  a  family, 
residing  in  any  city,  town  or  village,  shall  be  entitled  to  hold,  exempt 
from  seizure  or  sale,  under  any  execution  or  attachment,  the  laud 
and  buildings  owned  and  occupied  as  a  residence,  by  such  debtor, 
not  to  exceed  in  value  two  thousand  dollars,  and  personal  property, 
to  be  selected  by  him,  not  to  exceed  in  value  two  hundred  and  fifty 
dollars. 

§  2141.  The  foregoing  provisions,  for  allotment  and  sale,  and 
proceedings  of  all  kinds,  in  relation  to  exempt  propert}*,  real  or  per- 
sonal, shall  be  aplicablc  to  i)ersons  and  property,  in  cities,  towns 
and  villages. 

GENERAL    PUOVISIONS. 

§  2142.  No  property  shall  be  exempt  from  execution,  when  the 
purchase  money  thereof  forms,  in  whole  or  in  part,  the  debt  on  which 
the  judgment  is  founded;  nor  shall  any  property  be  exempt  from 
sale  for  non-pa3'ment  of  taxes  or  assessments,  or  for  any  labor  done 
thereon,  or  material  furnished  therefor.  The  declaration  in  the  case, 
the  judgment  and  the  execution,  shall  describe  the  propert}'  for  which 
the  purchase  money  forms,  in  whole  or  in  part,  the  debts  on  W'hich 
the  judgment  is  founded,  and  against  which  the  creditor  seeks  to 
enforce  collection  of  such  claims. 

§  2143.  The  exempt  property,  real  or  personal,  may  be  disposed 
of,  as  any  other  property  may  be,  by  the  owner,  and  shall  not,  by 
such  disposal,  become  liable  to  the  debts  of  such  owner;  and  any 
debtor,  leaving  this  state,  may  take  the  personal  property  he  has, 
whicii  is  exempt  from  execution. 

§  2144.  Whenever  the  debtor  shall  cease  to  reside  on  his  home- 
stead, it  shall  be  liable  to  his  debts,  unless  his  removal  be  t'Cmpo- 
rary,  by  reason  of  some  casualty  or  necessity,  and  with  the  purpose 
of  speedily  re-occupying  it,  as  soon  as  the  cause  of  his  absence  can 
be  removed. 
15 


226  Statitte  of  Limitations. 

WIFE    JOINS    HUSBAND    IN    SALE    OF    HOMESTEAD. 

Section  1.  Be  it  enacted  by  the  Legislatui-e  of  the  State  of  Mis- 
sissippi, That  it  shall  not  be  lawful  for  a  married  man  to  sell  or 
otherwise  dispose  of  his  homestead  without  the  consent  of  his  wife, 
and  no  deed  of  conveyance  from  the  husband  for  the  hoinesteatl 
shall  be  valid  unless  the  wife  shall  join  in  such  conveyance  ;  her 
acknowledgment  to  be  taken  as  in  other  cases  of  acknowledgment 
of  deeds  by  married  women.     (Approved,  April  IS,  1873.) 


STATUTE  OF  LIMITATIONS. 

PERSONAL   ACTIONS. 

§  2151.  All  actions  of  debt,  assumpsit,  or  on  the  case,  founded 
upon  promissory  note,  bill  of  exchange,  contract  or  liabilit}',  not 
under  seal,  express  or  implied,  except  actions  founded  upon  open 
accounts,  accounts  stated,  and  verbal  contracts  ;  all  other  actions 
on  the  case,  except  actions  for  false  imprisonment,  malicious  arrest, 
or  for  slanderous  words  and  libels  ;  all  actions  for  waste  and  trespass 
upon  land  ;  and  all  actions  of  detinue,  trover,  or  action  for  the  re- 
covery of  personal  property,  or  damages  for  taking,  converting  or 
injuring  the  same,  shall  be  commenced  within  six  years  next  after 
the  cause  of  such  action  accrued,  and  not  after.  All  actions  of  debt 
or  assumpsit,  founded  upon  any  open  account,  accounts  stated,  and 
verbal  contracts,  shall  be  commenced  within  three  years  next  after 
the  cause  of  such  action  accrued,  and  not  after. 

§  2162.  All  actions  for  assault,  battery,  maiming,  false  imprison- 
ment, malicious  arrest  or  menace,  and  all  actions  for  slanderous 
words  concerning  the  person  or  title,  and  for  libels,  shall  be  com- 
menced within  one  year  next  after  the  cause  of  such  action  accrued, 
and  not  after. 

§  2153.  All  actions  of  debt,  founded  on  any  judgment  or  decree, 
rendered  by  any  court  of  record  fn  this  state,  shall  be  brought  within 
seven  years  next  after  the  rendition  of  such  judgment  or  decree, 
and  not  after  ;  and  no  execlition  shall  issue  on  any  such  judgment 
or  decree,  after  seven  years  from  the  date  of  the  issuance  of  the 
last  preceding  execution  on  such  judgment  or  decree. 

§  2154.  All  actions  of  debt,  founded  on  any  judgment  or  decree, 
rendered  by  any  court  of  record  without  the  state,  shall  be  brought 
within  seven  years  after  the  rendition  of  such  judgment  or  decree, 
and  not  after -^  provided,  that  if  the  person  against  whom  such  judg- 
ment or  decree  was,  or  shall  be  rendered,  was  or  shall  be  at  the  time 
of  the  institution  of  the  action,  a  resident  of  this  state,  such  action, 
founded  on  such  judgment  or  decree,  shall  be  commenced  within 
three  years  next  after  the  rendition  thereof,  and  not  after. 

§  2155.  No  action  or  scire  facias  shall  be  brought  against  any 
executor  or  administrator,  upon  any  judgment  or  other  cause  of  ac- 


statute  of  Limitations.  227 

tion,  against  his  testator  or  intostato,  l)ut  within  four  years  ol'tcr  the 
qualification  of  such  executor  or  administrator. 

g  2156.  If  any  person,  entitled  to  bring  any  of  the  actions 
belore  mentioned,  shall,  at  the  time  at  which  the  cause  of  such  ac- 
tion accrued,  be  under  any  one  or  more  of  the  following  disabilities, 
that  is  to  say  :  infamy,  coverture,  imprisonnjcnt,  idiocy,  lunacy, 
unsoundness  of  mind,  or  absence  beyond  the  limits  of  the  United 
States,  on  business  of  this  state  or  of  the  United  States,  sucli  per- 
sons may  bring  the  said  actions  within  the  times  in  this  cliai)ter 
respectivel}'  limited,  after  such  disability  shall  be  removed. 

^5  2157.  If,  at  the  time  wdicn  any  cause  of  action  mentioned  in 
this  chapter,  shall  accrue  against  any  person,  he  shall  be  out  of  the 
state,  the  action  may  be  commenced  within  the  time  herein  limited 
therefor,  after  such  person  shall  have  come  into  the  state  ;  and  if, 
after  any  cause  of  action  shall  have  accrued,  the  person  against 
whom  it  has  accrued  shall  be  absent  from,  and  reside  out  of  the 
state,  the  time  of  his  absence  shall  not  be  taken  as  any  part  of  the 
time  limited  for  the  commencement  of  the  action. 

§  2158.  If  any  ])erson,  lial)le  to  an}'  of  the  actions  mentioned 
in  this  article,  shall  fraudulentl}'  conceal  the  cause  of  such  action 
from  the  knowledge  of  the  person  entitled  thereto,  the  cause  of 
such  action  shall  be  deemed  to  have  fii'st  accrued  at,  and  not  before, 
the  time  at  which  such  fraud  shall  be,  or  with  reasonable  diligence 
might  have  been,  first  known  or  discovered. 

§  2159.  No  judgment  or  decree,  rendered  in  any  court  held 
within  this  state,  shall  be  a  lien  on  the  property  of  the  defendant 
therein,  for  a  longer  period  than  seven  years  from  the  rendition 
thereof;  but  the  time  during  which  the  execution  of  such  judg- 
ment or  decree  shall  be  stayed  or  enjoined,  hy  supersedeas,  injunc- 
tion or  other  process,  shall  not  be  computed  as  any  part  of  the  said 
period  of  seven  3'ears. 

§  2160.  Bills  of  review  in  chancery,  shall  be  filed  within  two 
^•ears  next  after  the  date  of  the  final  decree  in  the  cause,  and  not 
after;  saving  to  persons  under  any  disabilitv,  as  hereinbefore  men- 
tioned, the  like  period  of  two  vears  after  the  removal  of  such  disa- 
bility. '       * 

^  2161.  Writs  of  error  and  appeals  shall  be  sued  out  or  granted, 
within  three  years  next  after  the  rendition  of  the  judgment  or  de- 
cree complained  of,  and  not  after  ;  saving  to  persons  under  disa- 
bility, as  aforesaid,  the  like  period  after  such  disability  shall  have 
been  removed. 

§  2162.  If  any  person,  entitled  to  bring  any  of  the  actions  herein- 
before mentioned,  or  liable  to  any  such  action,  shall  die  before  the 
expiration  of  the  time  herein  limited  therefor,  and  if  the  cause  of 
action  does,  by  law,  survive,  such  action  may  be  commenced  by  or 
against  the  executor  or  ad-rinistrator  of  the  deceased  person,  after 
the  expiration  of  said  time,  and  within  one  year  after  the  date  of 
letters  testamentary  or  of  administration, 

§  2163.  If  in  any  action,  duly  commenced  within  the  time 
allowed,  the  writ  shall  be  abated,  or  the  action  otherwise  avoided  or 


228  Statute  of  Limitations. 

defeated,  bv  the  death  or  marriage  of  any  party  thereto,  or  for  any- 
niatter  of  form,  or  if,  after  the  verdict  for  the  plaintiff,  the  judg- 
ment shall  be  arrested,  or  if  a  judgment  for  tlie  plaintiff  shall  be 
reversed,  on  appeal  or  writ  of  error,  the  plaintiff  may  commence  a 
new  action  for  the  same  cause,  at  any  time  within  one  year  after 
the  abatement,  or  other  determination  of  the  original  suit,  or  after 
reversal  of  the  judgment  therein  ;  and  if  the  cause  of  action  does, 
by  law,  survive,  his  executor  or  administrator  may,  in  case  of  his 
death,  commence  such  new  action,  within  the  said  one  year. 

§  21G4.  In  all  actions  of  debt  or  assumpsit,  brought  to  recover 
the  balance  due  upon  a  mutual  and  open  current  account,  the  cause  of 
action  shall  be  deemed  to  have  accrued  at  the  time  of  the  true  date 
of  the  last  item  proved  in  such  account;  nnd  'in  all  other  actions 
upon  open  accounts,  the  period  of  limitation  shall  commence  to  run 
against  the  several  items  thereof,  from  the  dates  at  which  the  same 
respectively  becanie  due  and  payable. 

§  2165.  In  actions  of  debt,  assumpsit,  or  on  the  case,  founded 
upon  any  contract,  no  acknowledgment  or  promise  shall  be  evidence 
of  a  new  or  continuing  contract,  whereby  to  take  any  case  out  of 
the  operation  of  the  provisions  of  this  chapter,  or  to  deprive  any 
party  of  the  benefit  thereof,  unless  such  acknowledgment  or  promise 
be  made,  or  contained  by  or  in  some  writing,  signed  by  the  party 
chargeable  thereby  ;  and  where  there  shall  be  two  or  more  joint 
contractors,  no  such  joint  contractor  shall  lose  the  benefit  of  the 
provisions  of  this  chapter,  so  as  to  be  chargeable,  by  reason  only 
of  any  acknowledgment  or  promise,  made  or  signed  by  any  other  or 
others  of  them  ;  and  in  actions  against  joint  contractors,  if  the 
plaintiff'  is  barred  as  to  one  or  more  of  the  defendants,  but  is  en- 
titled to  recover  against  any  other  or  others  of  them,  by  virtue  of 
a  new  acknowledgment  or  promise,  or  otherwise,  judgment  shall  be 
given  for  the  plaintiff,  as  to  any  of  the  defendants  against  whom 
he  is  entitled  to  recover,  and  for  the  other  defendants  against  the 
plaintiff'. 

§  2166.  All  the  provisions  of  this  chapter  shall  apply  to  the  case 
of'anv  debt  or  demand  on  contract,  alleged  by  way  of  set  off  on  the 
part  of  a  defendant ;  and  the  tiiA  of  limitation  of  such  debt  or  de- 
mand, shall  be  computed  in  like  manner,  as  if  an  action  had  been 
commenced  therefor,  at  the  time  when  the  plaintiff's  action  wa& 
commenced. 

§  2167.  All  actions  and  suits  for  any  penalty  or  forfeiture,  on 
any  penal  statute,  brought  by  any  person  to  whom  the  penalty  or 
forfeiture  is  given,  in  whole  or  in  part,  shall  be  commenced  within 
one  year  next  after  the  offence  committed,  and  not  afterwards. 

§  2169.  The  limitations  herein  prescribed,  for  the  commencement 
of'actions,  shall  apply  to  the  same  actions,  when  brought  in  the 
name  of  the  state,  or  "any  county,  or  in  the  name  of  any  officer,  or 
otherwise,  for  the  benefit  of  the  state,  or  any  county,  in  the  same 
manner  as  to  actions  brought  by  citizens. 

g  2170.  When  any  person  shall  be  prohibited  by  law,  or  re- 
strained or  enjoined  by  the  order,  decree  or  process  of  any  court  in 


Promissory  Jfotes,  etc.  220 

this  state,  IVom  commencing  or  i)rosccutiug  any  action  or  remed}', 
the  time  during  wliich  such  person  shall  be  so  prohibited,  enjoined 
or  restrained,  shall  not  be  computed  as  any  part  of  tlie  period  of 
time  limited  by  this  cliapter  for  the  commencement  of  such  action. 

§  2171.  None  of  the  provisions  of  this  chapter  shall  apply  to 
suits  brought  to  enforce  payment  of  notes,  bills,  or  evidences  of 
debt,  issued  by  any  bank  or  moneyed  corporation. 

Skction  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  all  actions  of  debt  or  covenant,  founded  upon  any 
bond,  obligation,  or  coutra(;t  ur,der  seal  or  upon  the  award  of  arbi- 
trators, shall  be  commenced  -within  seven  years  next  after  the  cause 
of  such  action  accrued,  and  not  after.     (Approved,  April  19,  1873.) 


PROMISSORY  NOTES,  ENDORSEES  AND  PROTEST. 

PKOMISSORY  NOTES  AND  OTHER  TKOMISES  TO  PAY,  AXD  HOW  ASSIGNED. 

§  2227.  Every  promise  in  writing,  not  under  seal,  whereby  any 
person  or  persons,  or  body  politic  or  corporate,  promises  or  agrees 
to  pay  a  sum  of  money,  or  acknowledges  the  same  to  be  due,  shall 
be  deemed  and  treated  as  a  promissory  note,  and  the  sum  of  money 
therein  mentioned  shall  be  deemed  to  be  due  to  the  payee  and  his 
assigns,  and  any  instrument,  to  which  the  person  making  the  same 
shall  attach  or  affix  a  scroll,  or  any  printed  impression  intended  as  a 
seal,  shall  be  held  and  deemed  a  sealed  instrument. 

§  222S.  All  promissory  notes,  and  all  other  writings  for  the  pay- 
ment of  money,  or  for  the  payment  of  an}'-  other  thing,  may  be 
assigned  by  endorsement,  whether  the  same  be  payable  to  order  or 
assigns,  or  not,  and  the  assignee,  or  endorsee,  may  maintain  such 
action  thereon,  in  his  own  name,  as  the  assignor  or  endorser  could 
have  maintained  ;  and  in  all  actions,  on  any  such  assigned  promissory 
note,  bill  of  exchange,  or  other  writing  for  the  payment  of  money 
or  other  thing,  the  defendant  sh^l  be  allowed  the  benefit  of  all 
■want  of  lawful  consideration,  failure  of  consideration,  pa^'ments, 
discounts  and  sets-off,  made,  had  or  possessed  against  the  same,  pre- 
vious to  notice  of  assignment,  in  the  same  manner  as  though  the 
suit  had  been  brought  by  the  obligee  or  payee  ;  and  the  assignee  or 
endorsee  of  any  such  instrument,  may  maintain  an  action  against 
the  person  or  persons  who  may  have  endorsed  the  same,  as  in  case 
of  inland  bills  of  exchange;  'provided,  that  when  any  debt  shall  be 
lost,  by  the  negligence  or  default  of  any  assignee  or  endorsee,  the 
assignor  shall  not  be  liable  on  such  assignment  or  endorsement. 

§  2229.  When  an}-  person  is  bound  in  any  bond,  bill  single,  obli- 
gation, promissory  note,  or  other  writing,  for  money  or  other  thing, 
or  endorses  au}-  bill  of  exchange  that  shall  be  protested,  and  the 
amount  of  money  or  other  thing  due  thereon  shall  be  tendered  or 
paid  by  the  surety  or  endorser,  the  holder  thereof  shall  be  obliged 
to  transfer  such  instrument  to  the  person  who  paid  or  tendered  the 


230  Bills  of  Exchange,  etc. 

amount  due  ;  and  such  assignee  shall  have  aright  of  action  thereon,, 
in  his  own  name,  against  the  principal  debtor. 

BILLS    OF    EXCHANGE    AND    CHECKS. 

§  2230.  When  any  person  or  persons,  or  body  politic  or  corpo- 
rate, shall,  by  order  in  writing,  signed  by  such  person,  or  by  a  proper 
agent,  direct  the  payment  of  any  sum  of  money,  in  the  hands  of 
any  other  person,  the  sum  therein  specified  shall  be  due,  by  virtue 
thereof,  to  the  person  in  whose  favor  the  order  is  drawn,  and 
may  be  put  in  suit  against  the  drawer  thereof,  or  against  the  drawee, 
if  accepted,  and  the  amount  recovered,  with  interest  and  cost. 

§  2231.  All  bills  of  exchange,  drawn  upon  any  person,  or  body 
politic  or  corporate,  resident  within  the  United  States,  and  out  of 
this  state,  and  protested  for  non-acceptance,  shall  draw  damages  at 
live  per  centum  on  the  sum  drawn  for,  and  interest  on  the  principal ; 
and  the  damages  on  bills  drawn  ]^y  any  person,  or  body  politic  or 
corporate,  payable,  out  of  the  United  States,  which  shall  be  pro- 
tested for  non-acceptance,  or  non-payment,  shall  be  ten  per  centum 
on  the  amount  drawn  for,  the  principal  to  draw  interest  also  ;  and 
in  all  cases  the  holder  shall  be  entitled  to  all  costs  and  charges. 

§  2232.  Domestic  bills  of  exchange,  drawn  on,  and  payable  in 
this  state,  'for  the  sum  of  twenty  dollars  or  upwards,  shall  be  pro- 
tested for  non-acceptance,  or  if  accepted,  for  non-pay ment,_  in  like 
manner  as  foreign  bills  ;  but  no  damages  shall  accrue,  and  in  every 
other  respect  they  shall  be  subject  to,  and  governed  by  the  same 
customs  and  usages  which  govern  foreign  bills  of  exchange. 

§  2233.  Bills  of  exchange  may  be  protested  by  any  justice  of 
the  peace,  in  this  state,  or  by  the  mayor  or  chief  magistrate  of  any  in- 
corporated town  ;  and  the  protest  may  be  in  the  following  form,  or 
to  the  following  effect,  to-wit : 

FORM    OP    TROTEST. 

"Be  it  known  that  I,  A.  B.,  a  justice  of   the  peace  of  the  county 

of ,  state  of  Mississippi,  on  the day  of ,  at  the 

usi-ial  place  of  abode  of  C.  D.,  presented  to  him  the  bill,  of  which 
the  annexed  is  a  copy,  for  acceptance,  \or  imyment,  if  for  jKiyment,] 
which  he  did  not  accept  [or  2^ai/,'}  wherefore  I  do  protest  the  said 
bill.     Dated  at ,  this day  of     " 

A  copy  of  this  bill  shall  be  attached  to  the  protest,  and  the 
drawer,  such  protest,  or  notice  thereof,  in  writing,  being  sent  to 
him,  or  left  at  his  usual  place  of  residence,  Avithin  a  reasonable  time, 
shall  be  bound  to  pay  the  money  mentioned  in  such  bill,  to  the  per- 
son entitled  to  it,  with  interest  and  damages. 

§  2234.  In  case  of  the  loss  of  any  bill  of  exchange,  before  it  is 
payable,  the  drawer  shall  be  obliged  to  give  another  bill,  of  the 
same  tenor  with  that  first  given,  the  person  demanding  the  same, 
giving  sufficient  security  to  the  drawer,  to  indemnify  him  against 
the  payment  of  such  first  bill. 


Remedies  on  Bonds,  J^otes,  etc         231 

5^  2235.  If  any  jieison  shall  take  an  inland  bill  of  exchange,  for 
any  previous  debt,  the  same  sliall  be  accounted  a  complete  payment, 
if  the  person  accepting  the  same  does  not  take  proper  and  due  course 
to  obtain  payment  of  the  drawer,  by  endeavoring  to  get  the'same 
accepted  antl  paid,  or  protested. 


Remedies  on  Bonds,  Notes,  and  Bills  of  Eschange. 

j5  2236,  In  any  action,  Ibundcd  on  any  joint,  or  joint  and  several 
bond,  covenant,  bill,  promissory  note,  or  other  contract,  or  on  an}^ 
promise,  contract,  or. liability  of  copartners,  it  shall  1)e  lawful  to  sue 
any  one  or  more  of  the  parties  liable  on  such  bond,  covenant,  bill, 
note,  contract,  promise,  or  liability. 

§  2237.  In  all  actions,  founded  on  bills  of  exchange,  or  prom- 
issory notes,  the  maker  or  makers,  acceptor  or  acceptors,  drawer  or 
drawers,  and  endorser  or  endorsers,  living  and  resident  within  tiiis 
state,  shall  be  sued  in  a  joint  action  ;  and  such  suit  shall  be  brought 
in  the  count^^  where  the  i)arty  to  said  suit,  who  is  first  liable  on  said 
note  or  bill,  shall  reside. 

§  2238.  Separjite  suits  may  be  brought  against  the  rei)resentatives 
of  such  of  the  parties  to  said  bills  and  notes,  as  have  died,  or  joint 
suits  mav  be  brought  against  the  representatives  of  such  deceased 
party,  witli  those  who  are  alive,  and  bound  thereon. 

§  2239.  The  clerk  shall  iSsue  duplicate  writs  to  the  several 
counties  where  the  various  defendants  may  reside;  and  he  shall  en- 
dorse on  all  executions  issued  in  such  suits,  the  names  of  the 
makers,  drawers,  acceptors  and  endorsers,  so  as  to  designate  the 
order  in  which  they  are  liable. 

§  2240.  The  plaintifl'  may  discontinue  his  suit,  before  verdict, 
against  any  of  the  endorsers,  or  parties  secondarily  liable,  on  pay- 
ment of  the  costs  that  have  accrued  fi'om  joining  such  party  in  the 
suit. 

§  2241.  The  jury  may  render  verdicts  against  some  of  the  de- 
fendants, and  in  favor  of  others,  as  the  evidence  may  require  ;  and 
the  court  shall  enter  the  proper  judgments  upon  such  verdicts,  and 
said  verdicts  and  judgments  shall  not  l)e  reversed  or  set  aside  for 
want  or"  I'orm.  New  trials  shall  be  granted  only  as  to  such  defendants 
as  are  aggrieved  by  the  verdict ;  and  final  judgment  shall  be  entered 
against  the  other  defendants,  in  pursuance  of  the  verdict. 

^  2242.  The  sheriff  shall  make  the  money,  on  executions  issued 
upon  judgments  hereafter  rendered,  in  pursuance  of  this  chapter, 
out  of  the  property  of  the  maker  or  makers,  acceptor  or  acceptors  ; 
and  it  shall  not  be  lawful  to  lev}^  on  the  property  of  the  endorsers 
or  sureties,  unless  sufficient  property  of  the  principal  or  principals 
cannot  be  found  by  the  sherifl",  out  of  which  the  plaintirt's  money 
and  costs  can  be  made;  and,  in  tha^  case,  the  sheriff  may  proceed 
with  the  execution  against  the  defendant  not  liable,  and  so  on, 
until  the  execution  be  satisfied  ;  and  if  any  sheriff  shall  levy  such 


232  Sureties  and  Joint  Debtors. 

execution  on  the  propert^y  of  the  endorser  or  suret3%  v\'hen  the  jjrin- 
cipal  lias  sufficient  property  in  his  county  to  satisfy  such  execution, 
the  party  so  offending  shall  be  deemed  a  trespasser,  and  shall  be 
liable  to  an  action,  by  the  party  aggrieved,  and  exemplary  damages 
shall,  in  such  cases, Ibe  given  by  the  jury. 


SURETIES  AND  JOINT  DEBTORS. 

HOW    SURETIES    MAY    BE    RELIEVED. 

^  2257.  Any  person  who  is,  or  shall  be  bound  as  surety  or  ac- 
commodation endorser  for  another,  may,  at  any  time  after  the  debt 
has  become  due,  or  liabilitj'  been  incurred,  give  notice,  in  writing, 
to  the  creditor  to  commence  and  prosecute  legal  proceedings  against 
the  principal  debtor,  if  living  and  resident  within  this  state,  for  the 
recovery  of  said  debt ;  and  if  such  creditor  shall  fail  to  commence 
such  legal  proceedings,  b}^  the  next  term  of  the  proper  court,  in 
which  suit  can  be  brought,  so  be  held  after  the  expiration  of  thirty 
days  after  the  giving  of  such  notice,  and  to  prosecute  the  same  to 
effect,  the  surety,  who  shall  have  given  such  notice,  shall  be  dis- 
charged from  liability,  and  the  creditor  shall  be  barred  of  all  re- 
covery against  him. 

§  2258.  When  any  judgment  or  decree  shall  be  rendered,  or  shall 
have  been  rendered,  against  a  principal  debtor  and  his  sureties,  or 
against  the  sureties  only,  and  any  one  or  more  of  such  sureties  shall 
pay  off'  and  satisfy  the  same,  such  judgment  shall,  by  operation  of 
this  act,  be  transferred  and  assigned  to  the  surety,  or  sureties,  so 
paying  off'  and  satisfying  the  same,  who__ shall  have  all  the  liens  and 
equities  which  the  judgment  creditor  may  have  had,  b}'  virtue  of 
such  judgment,  or  of  the  debt  or  claim  on  which  it  is  founded  ;  and 
such  surety,  on  making  affidavit  of  his  suretyship,  and  of  the  pay- 
ment of  said  judgment,  and  filing  the  same,  together  with  evidence 
of  such  payment,  with  the  clerk  of  the  court  in  which  the  judg- 
ment was  rendered,  shall  be  entitled  to  have  execution  issued  on 
such  judgment,  in  the  name  of  the  plaintiff,  against  the  defendants 
on  the  record,  in  the  same  manner  as  if  the  judgment  had  not  been 
satisfied,  and  the  clerk  shall  endorse  thereon  that  the  same  is  issued 
for  the  use  of  the  surety  so  having  paid  such  judgment,  and  the 
sheriff"  shall  proceed  to  collect  the  money  from  the  principal  debtor 
therein,  for  the  use  of  such  surety,  if  the  principal  debtor  be  a  party 
to  such  judgment  ;  and  if  the  principal  debtor  be  not  a  partyto 
the  judgment,  then  he  shall  collect  a  ratable  proportion  of  the 
money  from  each  of  the  co-securities,  for  the  use  aforesaid. 

i<  2259,  When  any  person,  who  is  or  shall  be  bound  as  surety  or 
endorser  for  another,  in  any  writing,  for  the  payment  of  money  or 
other  thing,  which  shall  remain  unpaid,  in  whole  or  in  part,  by  the 
principal  debtor,  after  the  maturity  thereof,  shall  ])ay  or  tender  to 
the  creditor  or  holder  of  such  writing  the  amount  due  thereon,  such 


Holu  Joint  Debtor  Relieved.  233 

creditor  or  holder  sliall  ussigii  such  writing  to  tlie  surety  or  endor- 
ser i)aying  or  tendering  the  money  or  other  thing  due  as  aforesaid; 
and  such  assignee  siiall  and  may  have  an  action  at  law,  in  his  own 
name,  against  the  princii)al  deljtor  up(jn  the  said  writing,  to  recover 
the  amount  so  i)aid  in  satisl'action  thereof. 

^  2260.  No  suret}^  or  endorser  shall  sulfer  judgment  to  be  en- 
tered against  him  by  confession  or  default,  without  the  consent  of 
the  principal  debtor;  and  any  surety  or  endorser,  who  shall  be  sued 
alone,  shall  give  notice  thereof  to  the  principal  debtor,  if  resident 
in  this  state,  and  set  i:p  such  defense  to  the  action  as  the  [)rincii)al 
debtor  might  set  uj),  in  case  he  has  knowledge  or  notice  of  the 
existence  of  such  defenses;  and  if  such  surety  or  endorser,  sued 
alone,  shall  fail  to  give  such  notice,  in  case  the  principal  debtor  be 
a  resident  of  the  state,  or  to  set  up  sujh  defenses,  of  which  he  has 
notice,  he  shall  be  barred  of  all  recovery  against  the  principal 
debtor;  lyyovlded,  such  principal  debtor  has  a  good  defense  against 
the  action  of  the  creditor. 

g  2261.  When  execution  shall  issue  on  an}-  Judgment,  rendered 
against  a  principal  or  suret}',  or  sureties,  the  sheriff',  or  other  officer, 
shall  make  the  money,  or  as  much  thereof  as  possible,  out  of  the 
property  of  the  principal  debtor,  if  he  have  any  property  in  the 
county  to  which  the  execution  is  issued;  iirovidcd,  the  surety  shall 
make  oath  that  he  is  only  surety  on  the  instrument  upon  which  the 
judgment  is  founded,  and  file  the  same  with  the  sheriff,  who  shall 
I'eturn  such  atlidavit  with  the  execution. 

§  2262.  The  provisions  of  this  article  shall  apply  to  proceedings 
before  justices  of  the  peace,  and  such  justices  shall  perform  the 
duties  re(piired  to  be   performed  b}-  the  clerks  of  the  circuit  court. 


How  One  of  Several  Joint  Debtors  Ma7  be  Relieved. 

§  226.3.  In  all  cases  of  joint,  or  joint  and  several  indebtedness, 
the  creditor  may  settle  or  compromise  with,  and  release  any  one  or 
more  of  such  debtors;  and  such  settlement  or  release  shall  not  affect 
the  right  or  remed}'  of  the  creditor  against  the  other  debtors,  for 
the  amount  remaining  due  and  unpaid,  and  shall  not  operate  to 
release  any  of  the  others  of  the  said  debtors;  and  all  mortgages  or 
securities,  for  the  said  indebtedness,  shall  remain  in  full  force  against 
such  debtors,  not  so  released,  in  favor  of  the  creditor,  and  also  in 
favor  of  such  of  the  said  debtors  as  may  be  entitled  to  contribution, 
payment,  or  reimbursement  from  others  of  said  debtors,  and  the 
right  of  payment,  contribution  or  reimbursement,  as  among  them- 
selves, shall  not  be  affected  by  this  act;  and  if  any  such  debtor,  so 
released,  shall  have  paid  more  than  his  ratable  share  of  the  whole 
debt,  the  whole  amount  paid  by  him  shall  be  credited,  and  if  less 
than  his  ratable  share,  then  the  full  amount  of  his  ratable  share 
shall  be  credited,  and  the  other  debtors  shall  be  liable  for  the  residue. 


234  Puhlic  Roads,  etc. 

Legal  and  Conventional  Rate  of  Interest. 

§  2279.  The  legal  rate  of  interest  on  all  bonds,  notes,  accounts, 
judgments  and  contracts,  shall  be  six  per  cent,  per  annum;  but 
contracts  may  he  made,  in  writing,  for  the  payment  of  a  rate  of 
interest  as  great  as  ten  per  cent,  per  annum.  And  if  a  greater  rate 
of  interest  than  ten  per  cent,  shall  be  stipulated  for,  in  any  case, 
such  excess  shall  be  forfeited,  on  the  plea  of  the  party  to  be  charged 
therewith;  and  all  judgments  and  decrees,  founded  on  any  contract, 
shall  bear  interest  after  the  rate  of  the  debt  on  which  such  judg- 
ment or  decree  was  rendered. 

§  2280.  The  issues,  bills,  notes,  bonds,  or  certificates  of  deposit, 
of  any  bank,  corporation,  or  association  of  persons,  formed  for 
banking  purposes,  or  possessing  banking  privileges,  situated  with- 
out the  limits  of  this  state,  sli.all  not  be  loaned  in  this  state,  by  an}^ 
agent,  officer,  or  person  employed  by,  or  having  any  interest  in,  or 
connection  with  any  such  bank,  corporation,  or  association  of  per- 
sons, at  a  greater  rate  of  discount  or  interest  than  such  bank,  cor- 
poration, or  association  of  persons  formed  for  banking  purposes, 
or  possessing  banking  privileges,  is  allowed  to  take  or  receive  on  the 
loan  of  money,  under  or  by  virtue  of  the  charter  of  such  bank, 
corporation  or  association,  or  by  the  laws  of  the  state  where  the 
same  ma^^  be  situated,  or  by  the  laws  of  this  state;  and  all 
contracts  and  agreements,  made  in  violation  of  the  provisions  of 
this  section,  shall,  as  to  the  whole  of  the  discount  or  interest  allowed 
or  paid,  or  agreed  to  be  allowed  or  paid,  be  utterly  void,  and  of  no 
effect,  and  such  discount  or  interest  may  be  recovered  back,  by  the 
person  suflering  such  discount,  or  paying  such  interest, 

§  2281.  All  judgments  not  specified  in  this  chapter  shall  bear 
interest  at  the  rate  of  six  per  cent,  per  annum. 

v<  2282j  When  partial  pa^-ments  are  made  on  bonds,  contracts,  or 
assurances  that  bear  interest,  the  interest  that  has  accrued  up  to  the 
time  of  such  payment,  shall  be  first  credited,  and  the  residue  of  such 
partial  payment  shall  be  placed  to  the  payment  of  the  i)rincipal; 
and  the  same  rule  shall  apply  to  all  debts  due  by  the  judgment,  sen- 
tence or  decree  of  any  court. 


Putlic  Roads,  Bridges  and  Fences— Penalties. 

g  2354.  Every  overseer  may  appoint,  in  writing,  one  male  per- 
son, liable  to  work  on  the  road,  to  notify  the  hands,  whose  labor  may 
be  required  for  the  time  being,  who  shall  be  furnished  with  a  list  of 
the  pei-sons  to  be  summoned  ;  and  it  shall  be  the  duty  of  the  person 
so  appointed,  to  summon  the  hands  named  in  such  list,  in  the  same 
manner  that  overseers  are  required  to  do,  and  to  return  said  list  to 
the  overseers,  upon  oath,  designating  the  hands  warned,  and  the  date 
thereof  ;  and  such  return  shall  he.  jnima  facie  evidence  of  the  facts 
therein  contained,  in  all  prosecutions  for  penalties  for  not  appearing 


Public  Roads,  etc.  235 

and  woi'kini,',  in  pursuance  of  such  notice.  The  person  30  appointed 
shall  be  exempt  IVom  working  the  road,  at  that  time;  and  for  any 
failure  to  give  the  notice,  in  pursuance  of  such  appointment,  he  shall 
be  liable  to  a  penalty  of  ten  dollars. 

J;  2355.  When  teams,  plows  or  scrapers  are  required  in  working 
the  roads,  the  overseer  may  notify  any  person  in  his  district,  having 
them,  to  furnish  the  same,  who  shall  be  entitled  to  a  credit  as  fol- 
lows, that  is  to  say  :  for  each  twodiorse  plow  and  team,  with  gears, 
and  a  hand  to  manage  the  same,  three  days'  labor;  for  each  ox-plow 
and  team  of  three  yoke  of  oxen,  and  two  hands  to  manage  the  same, 
live  days'  labor  ;  for  a  good  iron  or  steel-shod  scraper  and  two  horses, 
with  a  hand  to  manage  the  same,  four  da3''s  labor  ;  and  for  every 
wagon,  with  a  team  of  four  horses,  mules  or  oxen,  and  a  hand  to 
manage  the  same,  four  day's  labor.  And  if  any  person  shall  fail  to 
furnish  the  same,  when  required,  he  sjiall  forfeit,  for  each  day's  iail- 
urc,  two  dollars,  for  as  man}'  day's  labor  as  he  would  have  been  en- 
titled to  credit  for,  in  case  the  same  had  been  furnished.  Each 
overseer  shall  make  a  list  of  the  names  of  all  persons  who  have  been 
summoned  to  work  on  the  roads,  and  have  failed  to  appearand  per- 
form the  service  required,  or  to  furnish  a  proper  substitute,  ortopa}^ 
the  commutation  money,  and  stating  the  number  of  days  of  such 
failure,  and  wliich  of  said  persons  were  required  to  furnish  plows, 
scrapers  or  teams,  and  shall  report  the  same  to  some  convenient  jus- 
tice of  the  peace,  under  oath,  in  which  oath  he  shall  state  that  the 
list  contains  the  names  of  all  delinquents  ;  and  such  return  shall  be 
prima  facie  evidence  against  such  persons,  of  their  having  been 
duly  summoned,  and  having  failed  to  appear,  as  required  b^''  this 
chapter,  and  of  the  number  of  days  of  such  failure,  in  anj-  proceed- 
ings to  recover  any  penalties  imposed  by  this  chapter. 

§  235S.  Any  person  summoned  to  work  on  the  road,  and  failing 
to  attend  and  perform  the  services  required,  or  to  bring  with  him 
such  tools,  imi)lements  or  teams,  as  he  may  have  been  required  to 
bring,  shall  be  guilty  ol  a  misdemeanor  ;  and  the  justice  of  the 
peace,  on  receipt  of  the  report  of  the  overseer,  shall  issue  his  war- 
rant for  the  arrest  of  the  delinquent  reported  by  the  overseer,  and 
proceed  as  in  other  criminal  cases,  and,  on  conviction  of  delinquency, 
each  person  shall  be  fined  two  dollars  a  day,  for  each  day's  failure; 
and  if  the  amount  of  such  fine  and  costs  of  such  case  shall  not  be 
immediately  paid,  the  justice  of  the  peace,  before  whom  the  trial  is 
had,  shall  sentence  such  person  to  imprisonment  in  the  county  jail, 
for  one  month,  or  until  the  payment  of  such  fine  and  costs,  and  jail 
fees.  But  if  such  person  will  enter  into  bond  or  recognizance,  in 
the  sum  of  one  hundred  dollars,  with  sufficient  sureties  to  be  ap- 
proved by  the  justice  of  the  peace,  payable  to  the  overseer  of  the 
road  and  his  successors,  conditioned  that  such  delinquent  road  hand 
shall  immediately  report  himself  to  the  overseer  of  the  road,  and 
perform,  under  his  direction,  labor  on  said  road,  for  the  period  for 
which  he  is  delinquent,  at  such  time  as  the  overseer  may  ai)point, 
and  pa}'  the  costs  of  the  proceedings  against  him,  he  shall  be  dis- 
charged from  custody,  and  the  justice  shall  preserve  such  bond  or 


236  Puhlic  Roads,  etc. 

recognizauee;  and  if  any  of  the  obligors  or  recognizors  shall,  with- 
in thirty  days  after  giving  said  bond  or  recognizance,  produce  to 
such  justice  satisfactory  evidence  of  the  required  work  having  been 
faithfulh"  performed,  for  the  requisite  period,  under  the  direction  of 
the  overseer,  the  justice  shall  mark  such  bond  or  recognizance  "can- 
celled," and  deliver  it  to  the  obligor  or  recognizor  applying  for  it  ; 
but  if  the  bond  or  recognizance  shall  not  be  thus  cancelled  within 
thirty  days,  the  justice  of  the  peace  shall  issue  a  notice  to  the  obli- 
gors or  recognizors,  to  appear  before  him,  on  a  da}'  to  be  named, 
not  less  than  five  days  from  the  service  of  such  notice,  and  on 
the  day  named  shall,  unless  sufliicient  cause  be  shown,  render  final 
judgment  against  said  obligors  or  recognizors,  and  issue  execution 
theron,  and  when  the  money  is  collected,  pay  it  over  to  the  over- 
seer of  the  road,  to  be  expended  on  his  road. 

§  2357.  It  shall  be  the  duty  of  overseers  of  roads,  to  receive  all 
moneys  paid  b}'  road  hands,  at  the  rate  of  one  dollar  and  fifty  cents 
per  day,  in  lieu  of  the  work  of  one  hand,  at  any  time  before  his  re- 
port to  a  justice  of  the  peace,  of  the  delinquency  of  hands,  and  with 
such  commutation  money,  and  with  the  money  collected  by  justices 
of  the  peace,  from  delinquents,  or  from  any  other  source,  to  employ 
labor  on  his  road  district,  to  the  best  advantage;  and  it  shall  be  the 
duty  of  overseers  to  direct  the  labor  of  delinquent  hands,  who  may 
be  sentenced  by  a  justice,  and  ma}'  report  to  them  for  service. 

§  2358.  Any  overseer,  failing  or  refusing  to  apply  all  money  re- 
ceived by  him  as  herein  provided,  shall,  on  conviction  thereof,  be 
imprisoned,  not  exceeding  six  months,  in  the  county  jail,  and  be 
fined  equal  to  double  the  amount  b}^  him  received,  and  not  applied. 

§  2359.  Every  overseer,  if  required  by  a  majority  of  the  work- 
men on  the  road  assigned  him,  shall  lay  off  such  road  into  equal 
divisions,  for  the  ease  and  convenience  of  the  laborers,  and  assign 
the  same  or  agree  with  the  laborers  for  keeping  said  divisions  in 
repair;  and  if  any  person,  to  whom  any  such  division  shall  be  assign- 
ed, shall  fail  to  keep  the  same  in  good,  repair,  he  shall  be  liable 
to  all  the  penalties  imposed  upon  overseers,  for  failing  to  keep  the 
road  in  repair  ;  and  moreover,  the  overseer  shall  order  out  the 
hands  on  said  division,  and  cause  the  same  to  be  put  and  kept  in 
repair. 

§  2360.  If  any  road,  bridge,  or  causeway,  be,  at  anytime,  so  dam- 
aged by  high  water,  or  otherwise,  as  to  render  the  same  dangerous 
or  unfit  for  travelers,  the  overseer  for  the  district  may  order  out  the 
working  hands  assigned  to  said  road,  to  repair  the  same,  though 
the}'  may  have  already  worked  ten  days  on  said  road;  and  if  any 
overseer  shall  fail  to  do  so,  after  notice,  an}'  member  of  the  board 
of  supervisors  may  employ  sufficient  hands  to  repair  such  road, 
bridge,  or  causeway,  the  expense  to  be  paid  out  of  the  county  trea- 
sury ;  and  in  addition  to  the  other  penalties,  for  not  keeping  the 
road  in  repair,  the  overseer  shall  be  liable  to  refund  to  the  county, 
the  money  so  expended,  to  be  recovered  by  action,  in  the  name  of 
the  board  of  supervisors. 

§  2361.  If  any  person  shall  fell  any  bush  or  tree,  into  any  public 


Public  Roads,  etc.  237 

highway,  or  obstruct  the  same  in  any  manner  wliatever,  and  not  re- 
move the  same,  within  twenty-four  liour.s,  tlie  overseer  of  tlie  road 
of  tlie  district,  shall  remove  the  same;  and  the  person  so  felling 
such  tree  or  bush,  or  otherwise  obstructing  said  road,  shall  forfeit 
and  pay  all  expenses  of  removing  the  same,  to  be  recovered  before 
any  justice  of  the  peace  of  tiie  county,  in  the  name  of  the  board  of 
supervisors,  and  it  is  hereby  made  the  duty  of  said  overseer  to  cause 
suit  to  be  commenced  therefor. 

§  2362.  When  hedges  are  planted  along  an}'  puljlic  road,  the 
owner  of  the  land  shall  trim  said  hedges  on  the  side  next  to  the 
road,  and  keep  them  trimmed,  so  that  travelers  will  not  be  incon- 
venienced thereby,  and  if  said  hedges  intrude  upon  the  road,  the 
overseer  of  the  district  shall  give  written  notice  to  the  owner,  over- 
seer, or  occupant  of  the  land,  to  have  said  hedges  trimmed,  so  a& 
not  to  obstruct  the  road,  or  interfere  with  travelers,  wiihin  ten  days 
after  such  notice,  otherwise  such  owner,  overseer,  or  occupant,  shall 
forfeit  two  dollars  per  da.y,  for  every  day's  failure  to  comply  with 
such  notice,  to  be  recovered  as  is  provided  in  the  last  preceding 
section. 

g  2363.  Every  overseer,  within  six  months  after  his  appointment, 
shall  cause  the  road  of  which  he  has  superintendenc^e,  leading  to  the 
court  house,  or  princii)al  town  in  the  county,  to  be  measured,  if  not 
alread}'  measured  ;  and  shall  erect,  if  not  already  erected,  a  post,  of 
durable  material,  at  the  termination  of  each  mile,  marking  thereon, 
in  large  Roman  characters  or  figures,  the  number  of  miles  from  said 
court  house,  or  principal  town  ;  and  every  overseer  failing  herein, 
shall  forfeit  the  sum  of  twenty-five  dollars,  one-half  to  the  use  of 
the  county,  and  the  other  half  to  the  use  of  the  person  who  will  sue 
for  the  same. 

§  2364.  Ever^^  overseer  of  the  road,  who  shall  neglect  to  replace 
such  posts  as  shall  become  destroyed  or  displaced,  within  the  time 
aforesaid,  shall  forfeit  the  sum  of  five  dollars  for  each  post,  to  be 
recovea'cd  in  the  manner  provided  in  section  two  thousand  three 
hundred  and  sixty-one,  article  four,  of  this  chapter. 

§  2365.  Ever}'  overseer  shall,  within  the  time  aforesaid,  cause 
posts  to  be  erected,  when  trees  are  not  convenient,  at  the  intersec- 
tion or  forks  of  all  public  roads  in  his  district,  with  guide-boards 
and  index  hands,  pointing  in  the  direction  of  said  roads,  on  which 
shall  be  inscribed,  in  legible  characters,  the  name  of  the  town  or 
place  to  which  they  severally  lead,  and  the  computed  distance  thereto, 
in  miles;  and  any  overseer,  who  shall  neglect  to  put  up  and  keep  in 
repair,  such  posts  and  guide-boards,  shall  forfeit  the  sum  of  five 
dollars,  to  be  recovered  as  provided  in  section  two  thousand  three 
hundred  and  sixtj'-one,  article  four,  of  this  chapter. 

§  2366.  The  overseers  of  roads  shall  be  authorized  to  employ  a 
suitable  person  to  prepare  and  paint  the  mile-posts  and  o-uide-posts 
and  boards;  and  all  expenditures  required  by  this  section  and  sec- 
tion two  thousand  three  hundred  and  sixty-three,  article  four,  of 
this  chapter,  shall  be  reported,  by  the  overseer,  to  the  board  ot  su- 
pervisors, who  shall  order  the  same  to  be  paid  out  of  the  county 
treasury;  provided,  the  same  is  reasonable  and  just. 


238  Public  Roads,  etc. 


TRAVELING    *.X    PUBLIC    ROADS. 


§  2370.  All  drivers  of  carriages,  or  other  vehicles,  whether  of 
l)u'rclen  or  pleasure,  using  any  public  road  in  the  state,  when  met 
by  another  carriage  or  vehicle,  shall  koep  on  the  right  hand,  and 
when  overtaken  by  another  carriage  or  vehicle,  shall  also  keep  to 
the  right  hand,  so  as,  in  both  cases,  to  permit  the  carriage  or  vehicle, 
so  meeting  or  overtaking,  to  pass  free  and  uninterrupted;  and  any 
person  willfully  ofiending  against  this  provision,  shall  forfeit  and 
pay  the  sum  of  five  dollars  Tor  each  offense,  and  such  offenses  are 
hereby  made  cognizable  before  any  justice  of  the  peace  of  the  count}^ 
and  tiie  person  so  ofiending  shall  be  subject  to  an  action  for  dam- 
ages, at  the  suit  of  the  party  injured. 

§  2378.  It  shall  not  be  lawful  for  any  person  to  drive  any  wagon, 
carriage,  or  other  vehicle  of  any  description,  or  to  ride,  leap,  or 
drive  any  horse,  mule,  or  any  description  of  cattle,  over  or  upon 
any  bridge,  erected  in  any  county,  by  authority  of  the  legislature, 
or  the  board  of  supervisors  of  said  county,  at  a  faster  gait  than  a 
walk  ;  and  every  person,  so  offending,  shall  forfeit,  for  every  offense, 
the  sum  of  five  dollars,  to  be  recovered  before  any  justice  of  the 
peace,  in  the  naAe  of  the  board  of  supervisors,  for  the  use  of  the 
county  ;  and  it  is  hereby  made  the  duty  of  every  overseer  of  the 
road,  "and  member  of  the  board  of  supervisors,  to  institute  prosecu- 
tions for  all  offenses  under  this  article  ;  but  this  article  shall  not 
extend  to  any  physician,  or  to  any  person  going  for  a  physician,  or* 
returning  therefrom,  or  riding  express,  by  order  of  any  public  officer 
of  the  United  States  or  of  this  State,  or  pursuing  a  fugitive  from 
justice  ;  2^rovuled,  the  board  of  supervisors  shall  cause  to  be  fixed 
up,  and  kept,  at  each  end  of  such  bridge,  in  some  conspicuous  place, 
a  board,  on  which  shall  be  painted,  in  Large  letters,  "  five  dollars  fine 
for  traveling  over  this  bridge  at  a  faster  gait  than  a  walk  ;"  and  on 
neglect  of  such  notice,  no  such  fine  shall  be  incurred. 

I  2380.  The  board  of  supervisors  shall,  at  all  times,  have  full 
authority  to  fix  and  establish  the  rates  of  toll  to  be  charged  on  all 
public  ferries,  bridges;  and  causeways,  established,  or  hereafter  to 
be  established,  and  to  alter  the  same,  from  time  to  time,  at  pleasure; 
and  if  any  owner  or  keeper  of  any  ferry,  bridge,  or  causewa.y,  shall 
charge  or"  demand  a  greater  sum  tor  ferriage  or  toll,  than  the  rate 
fixed^by  the  said  board,  he  shall  forfeit  and  pay,  for  every  such 
offense,  the  sum  of  ten  dollars,  to  be  recovered  before  any  justice  of 
the  peace  of  the  county,  liy  any  person  of  whom  such  charge  or 
demand  may  be  made. 

§  2382.  The  owner  or  keeper  of  every  ferry,  toll  bridge  or  cause- 
way, shall  put  up,  in  a  convenient  place,  so  as  to  be  open  and  visible 
to  travelers,  a  copy  of  the  table  of  rates  of  toll  and  ferriage,  estab- 
lished by  the  board  of  supervisors,  printed,  written  or  painted  in 
legible  characters;  and  for  every  failure  to  put  up  and  maintain  such 
ta1)le  of  rates,  such  owner  or  keeper  shall  forfeit  and  pay  the  sum  of 
ten  dollars,  to  be  recovered  before  any  justice  of  the  peace  of  the 
county,  by  any  person  who  will  sue  for  the  same. 


Puhlio  Roads,  etc.  239 

i^  2383.  Tlio  owner  or  keeper  ol"  every  I'err^y  shall  tit  all  times  be 
provided  with  ,i;ood  ami  tight  boats,  flats  or  other  vessels,  suited  to 
such  ferry,  suUleieut  in  size,  strength,  steadiness  and  aecomnioda- 
tion,  for  the  safe  and  speedy  transportation  of  passengers,  carriages, 
horses,  cattle  and  goods,  well  furnished  with  all  necessary  machi- 
nery, oars,  poles  and  other  imijlements,  and  men,  prudent,  skillful 
and  competent  to  such  business  and  service;  and  the  banks  and 
landing  i)laces  shall  be  kept  in  good  order,  so  as  to  be  safe  and  easj- 
for  travelers;  and  if  any  such  owner  of  keeper  of  a  ferry  shall  con- 
vey or  attempt  to  carry  any  person  over  any  ferry  in  a  boat,  flat  or 
other  vessel,  not  good  and  sufficient,  and  furnished  and  manned, 
according  to  this  section,  or  without  having  such  banks  and  lauding 
places  in  good  order,  he  shall  be  liable  to  a  penalty  of  ten  dollars 
for  each  oilense,  to  be  recovered  before  an}''  justice  of  the  peace  of 
the  county,  by  any  person  who  will  sue  for  the  same,  besides  being 
liable  to  the  parties  injured,  lor  an}"  damages  sustained. 

§  2384.  Every  ferryman  shall  give  constant  and  diligent  attend- 
ance at  his  ferry,  and  shall  not  deny  or  unreasonably''  delay  carrying 
over  any  passenger,  horses,  cattle,  carriages  or  goods,  and  all  per- 
sons shall  be  received  into  the  ferry-boat,  and  carried  over  the  ferry 
in  the  order  of  their  arrival,  or  first  coming  to  the  ferry;  and  any 
ferryman  oflending  against  this  provision  shall  forfeit  the  sum  of 
ten  dollars  for  every  offense,  to  be  recovered  before  any  justice  of 
the  peace  of  the  county,  by  any  person  who  will  sue  for  the  same, 
ttnd  shall  moreover  be  liable  to  an  action  for  damages,  at  the  suit  of 
the  party  aggrieved;  xn'ovideU,  that  i-o  ferryman  shall  be  obliged  to 
pass  said  ferry,  when  it  manifestly  appears  to  be  dangerous  to  do 
so,  on  account  of  any  storm  or  freshet;  and  provided,  also,  that  all 
public  officers,  and  such  as  go  on  public  and  urgent  occasions,  as 
posts,  expresses,  physicians  and  the  like,  shall  be  carried  over  first, 
or  with  the  first. 

§  2385,  Every  ferryman  shall  have  authorit}'  to  keep  out,  or  put 
out,  of  his  ferr3'-boat  or  other  vessel,  any  person  who  shall  attempt 
or  press  to  enter,  or  who  shall  enter  or  stay  in  his  said  boat  or  ves- 
sel contrary  to  his  orders;  and  any  person  so  doing,  contrary  to 
order,  shall  forfeit  the  sum  of  ten  dollars  for  each  offense,  to  be 
recovered  before  any  justice  of  the  peace,  by  any  person  who  will 
sue  for  the  same,  besides  being  liable  to  any  other  civil  or  criminal 
prosecution. 

§  2386.  The  owner  or  keeper  of  any  ferrv,  established  according 
to  law,  on  any  stream  of  water,  being  the  dividing  line  between  two 
counties,  shall  have  the  right  of  landing  on  the  opposite  side  of  such 
stream  in  the  other  county,  and  to  unload  any  passengers,  wagons, 
carriages  and  their  loading,  and  stock  of  all  kinds,  without  an}' 
hindrance  or  molestation:  and  any  person  hindering  or  molesting 
such  landing  or  unloading,  shall  forfeit  and  pay  to  the  owner  or 
keeper  of  such  ferry  the  sum  often  dollars  for  every  offense,  recov- 
erable before  any  justice  of  the  peace. 


240  Railroads. 

RAILROADS. 

^  2421.  Any  railroad  company',  having  the  right  of  way,  may  run 
locomotives  and  cars,  by  steam,  through  towns,  cities  and  villages, 
at  the  rate  of  six  miles  an  hour,  and  no  more;  and  if,  in  passing 
through  any  town,  city  or  village,  any  locomotive  or  car  should  be 
run  at  a  greater  rate  of  speed,  the  company  shall  pay  one  hundred 
dollars,  to  be  recovered  by  suit,  in  the  name  of  such  town,  city  or 
village,  and  for  its  use;  and  the  company  shall,  moreover,  be  liable 
for  any  damages  or  injury  which  may  be  sustained  by  any  one,  from 
such  Tocomotive  or  cars,  whilst  they  are  running  at  a  greater  speed 
than  six  miles  an  hour,  through  any  town,-  city  or  village. 

g  2422.  Every  railroad  company  shall  cause  each  locomotive 
engine,  run  by  it,  to  be  jjrovided  with  a  bell,  of  at  least  thirty  pounds 
weight,  or  a  steam  whistle,  which  can  be  heard  distinctly  at  a  dis- 
tance of  three  hundred  yards,  and  shall  cause  the  bell  to  be  rung, 
or  the  whistle  to  be  blown,  at  the  distance  of  at  least  three  hundred 
yards  from  the  place  where  the  railroad  crosses  over  any  highway; 
and  the  bell  shall  be  kept  ringing,  or  the  whistle  shall  be  kept  blow- 
ing, until  the  engine  has  crossed  the  highwa}',  or  has  stopped. 

"^  2423.  Every  railroad  company,  upon  stopping  a  train  at  any 
place  wheie  such  railroad  shall  cross  a  highway,  shall  so  uncouple 
their  cars  as  not  to  obstruct  travel  upon  such  highway  for  a  longer 
period  than  five  minutes. 

§  2424.  Every  such  company  shall  cause  a  board  to  be  erected, 
and  keep  up,  upon  a  post  or  frame  sufficiently  high,  at  every  place 
where  the  railroad  may  cross  a  highway,  with  this  inscription: 
"Look  out  for  the  loconiotive."  And  on  failure  to  observe  the  three 
last  foregoing  provisions,  such  company  shall  be  liable  to  a  fine  of 
fifty  dollars  for  each  failure,  for  the  use  of  the  county  where  the 
offense  is  committed,  and  such  offense  shall  be  cognizable  before 
any  justice  of  the  peace  of  the  county.  A  failure  to  erect  the 
board,  as  directed,  shall  be  deemed  to  have  occurred  once  every  day 
the  company  may  continue  so  to  fail  or.  neglect  to  have  the  same  set 
up;  and,  moreover,  such  company  shall  be  liable  to  any  party  in- 
jured by  such  failure  or  neglect^  for  all  damages  that  such  party 
may  have  sustained  thereb3\ 

§  2425.  If  any  person  shall  willfully  obliterate,  injure  or  destroy-, 
any  board  put  up  as  above  required,  he  shall  forfeit,  for  every  such 
offence,  the  sum  of  fifty  dollars,  to  be  recovered  by  the  company,  in 
an  action  of  debt,  before  a  justice  of  the  peace  of  the  county  where 
the  offence  was  committed. 

§  2426.  Any  such  company  may  erect  any  enclosure  around  any 
depot,  where  tlie  public  safety  requires  it,  to  prevent  persons,  other 
than  travelers,  from  coming  near  the  locomotives  and  cars,  and  may 
exclude  from  within  such  enclosures  all  persons,  except  travelers. 

§  2427.  When  the  consignee,  or  owner  of  any  goods  or  articles, 
transported  on  any  railroad,  and  which  remain  in  the  possession  of 
the  company,  can  not  be  found,  or  refuses  to  receive  the  same, 
or  pay  the  charges,  or  neglects  to  do  so,  for  an  unreasonable   time, 


Railroads.  '-^^1 

application  may  be  made  by  tlie  company,  ov  its  aizeiit,  to  Muy  jus- 
tice of  the  peace,  or  to  the'mayor,  or  chief  magistrate  of  any  iucur- 
porated  town,  for  an  order  of  sale  ;  and  if  it  shall  be  made  to  ap- 
pear, to  such  justice  or  mayor,  that  the  goods  have  been  transported 
bv  the  company,  and  that' the  consignee  or  owner  cannot  be  found, 
or  refuses  or  neglects  to  pay  tlie  costs  and  charges  of  transportation, 
or  to  receive  the  goods,  such  justice  or  mayor  shall  isssue  an  order 
under  his  hand,  directed  to  the  slicriff,  or  any  constable  or  marshal 
of  a  town,  directing  the  sale  of  the  goods,  at  public  vendue,  at  such 
time  as  the  justice  or  mayor  may  direct ;  and  out  of  tlie  proceeds 
of  sale,  to  pay  the  charges  on  such  goods,  and  all  costs  which  have 
accrued,  in  procuring  the  order  and  making  the  sale  ;  and  should 
there  be  a  balance  left,  it  sliall  be  paid  into  tlio  county  treasury,  and 
the  owner  of  such  goods  may  receive  the  same  out  of  the  treasury, 
on  the  order  of  the  board  of  sui)ervisors,  if  applied  for  in  oiieyear, 
but  not  afterwards. 

§  2428.  Where  a  railroad  has  been,  or  shall  hereafter  be  con- 
structed, so  as  to  cross  any  highway,  and  it  shall  be  necessary  to 
raise  or  lower  the  highway,  it  shall  be  the  duty  of  the  company  to 
make  proper  and  easy  grades  in  such  highway,  so  that  the  railroad 
may  be  convenientlycrossed,  and  to  keep  such  crossing  in  good  or- 
der"; and  in  like  manner,  it  shall  be  the  duty  of  such  company  to 
erect,  and  keep  in  order,  all  bridges  on  any  highway,  at  such  points 
as  bridges  may  be  necessary  to  cross  such  railroad;  and  an}-  com- 
pany which  may  fail  to  compl}'  with  these  provisions,  shall  forfeit 
the  sum  of  one  hundred  dollars,  to  be  recovered  by  action,  which 
action  may  be  l)rought  by  any  person  authorized,  or  employed  by 
the  president  of  the  board  of  supervisors  of  the  county  in  which 
the  failure  occurred,  in  the  name  and  for  the  use  of  said  county. 

■  §  2429.  Every  railroad  company  shall  be  liable  for  all  damages 
which  ma}'  be  sustained  by  any  person  in  consequence  of  the  neglect 
or  mismanagement  of  any  of  their  agents,  engineers  or  clerks,  or 
for  the  mismanagement  of  the  engines.    • 

}IANDLING    BAGGAGE    ON  RAILROADS. 

J<  2910.  That  it  shall  bo  the  duty  of  ever}'  railroad  company 
chartered  by  this  s-tate,  to  instruct  all  its  station  agents  and  bag- 
gage masters,  whose  services  are  rendered  in  this  state,  to  receive 
any  trunk  or  baggage  which  the  regulations  of  such  company 
allow  to  be  transported,  with  every  passenger,  from  any  person, 
immediately  upon  the  exhibition  by  such  person  of  a  ticket  over 
the  road  of  such  company;  and  immediately  upon  receiving  such 
trunk  or  baggage,  to  issue  to  the  owner  thereof,  or  his  agent,  a  check 
for  the  same,  bearing  upon  it  the  number  or  name  of  the  station, 
marked  as  the  destination  of  such  person,  upon  said  ticket;  provided 
the  same  be  within  the  limits  of  this  state,  and  that  said  baggage 
masters,  upon  the  arrival  of  the  train  of  which  the}^  have  charge,  at 
any  regular  station  in  this  state,  shall  put  off  any  trunk  or  baggage, 
which  may  be  checked  to  such  station,  upon  the  platform  thereof;  and  it 
IG 


2i2  Railroads. 

is  hereby  made  the  fuither  duty  of  such  railroad  company,  to  safely  keep 
such  trunk  or  baggage  at  such  station,  until  the  owner  thereof,  or  his 
agent,  shall  demand  the  same  ;  and  said  company  shall  instruct  their 
station  agents  accordingly. 

§  2911.  That  any  such  railroad  company,  whose  agents  or  em- 
ployees shall  carelessly  or  willfully  injure,  or  allow  to  be  in  injured,  or 
lost,  any  trunk  or  baggage,  bearing  a  check  as  provided  in  section  two 
thousand  nine  hundred  and  ten,  of  this  article,  either  by  improper 
handling  or  otherwise,  shall  be  liable  for  damages,  in  a  sum  not  less 
than  double  the  amount  of  the  actual  damage. 

§  2912.  That  for  any  violation  of  any  of  the  provisions  of  this  act, 
by  any  railroad  company,  or  its  agents,  in  this  state,  such  company 
may  be  proceeded  against,  in  the  proper  court  of  the  county  where 
such  offence  is  committed,  by  service  of  process  upon  any  agent  of  said 
company,  in  said  county  ;  and  the  agent  or  employee  of  any  such 
company,  who  shall  willfully  violate  any  of  the  provisions  of  this  act 
whether  he  has  received  proper  instructions  from  the  company  or  not, 
shall  also  be  liable  to  prosecution  in  such  court,  for  a  misdemeanor, 
and  fined  not  less  than  twenty-five  dollars,  nor  more  than  one  hundred 
dollars. 

AS    TO    THE    RUNNING    OF    TRAINS   ;    ACCIDENTS,    ETC. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  if  any  engineer  of  any  locomotive  running  upon  any 
railroad  track,  upon  and  over  which  passengers  or  freight  are  or  may 
be  transported,  shall  run  his  locomotive  across  or  upon  the  track  of 
any  other  railroad,  upon  and  over  Avhich  passengers  or  freight  are 
or  may  be  transported,  without  first  coming  to  a  full  stop  before 
crossing  such  other  track,  or  if  he  shall  run  or  permit  his  locomo-. 
tive  to  cross  such  track,  without  first  coining  to  a  fuU  stop,  he  shall, 
on  conviction,  be  fined  in  any  sum  not  less  than  one  hundred  dol- 
lars, and  not  more  than  one  thousand  dollars,  or  be  imprisoned  in 
the  county  jail  for  any  period  not  less  than  three  months,  nor  more 
than  one  year,  or  both,  at  the  discretion  of  the  court,  and  if  any 
person  shall  be  injured  or  killed  by  reason  of  such  crossing,  he  shall 
be  imprisoned  in  the  state  prison,  for  a  period  not  less  than  two 
j-ears,  nor  more  than  fifteen  j-ears. 

Sec.  2.  Be  it  further  enacted,  That  if  any  conductor  of  any  train 
shall  order  and  direct  the  engineer  to  violate  the  provisions  of  the 
first  section  of  this  act,  or,  if  by  reason  of  the  gross  carelessness  or 
willful  neglect  of  duty  of  the  brakemau  of  any  train  of  cars,  such 
train  or  lo'comotive  shall  run  across  or  upon  such  crossing,  or  if  the 
brakeman  or  other  person  in  charge  of  any  switch,  shall  carelessly 
or  willfully  leave  the  same  open,  and  through  such  carelessness  or 
willful  neglect  of  duty,  any  person  shall  be  injured  or  killed,  such 
conductor,  brakeman,  or  other  person  so  offending,  shall  suffer  the 
penalties  prescribed  for  the  engineer  for  like  offense,  in  the  first  sec- 
tion of  this  act. 

Sec.  3.  Be  it  further  enacted.  That  if  any  such  engineer  shall 
permit  his  locomotive  to  run  upon  or  cross  such  other  track,  until 


Railroads.  243 

the  locomotive  or  train  upon  the  otiier  track  has  passed  over  such 
crossing,  if  the  signal  man  from  the  locomotive  or  train  on  the 
other  track  shall  arrive  at  the  crossing  first,  he  shall  suffer  the  same 
penalty  prescribed  in  the  lirst  section  of  this  act. 

Sec.  4.  Be  it  further  enacted,  That  it  shall  not  be  lawful  for  any 
loCDUiotive  or  train  to  l)e  stopped  or  remain  stationary  un  uuy  rail- 
road crossing,  unless  the  same  is  done  by  the  united  agreement,  and 
under  specilic  regulations  adopted  by  the  directors  of  such  crossing 
railroads,  and  if  the  provisior-s  of  this  section  shall  be  violated,  the 
person  or  persons  so  ofiTending,  shall  sutfer  the  same  punishment 
prescribed  in  the  lirst  section  of  this  act. 

Sec.  5.  Be  it  further  enacted,  That  if  any  person  shall,  while  in 
charge  of  a  locomotive  engine  running  upon  railroad,  in  this  state 
(or  while  acting  as  the  conductor  of  a  car  or  train  on  any  such  rail- 
road), be  intoxicated,  he  shall,  on  conviction,  be  punished  in  the 
manner  prescribed  in  the  first  section  of  this  act.  [Approved,  April 
6,  1874.] 

JUMPING   UPON    OK    CLINGING    TO    ENGINES    OR   CARS. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  no  person  or  minor  shall  climb,  jump,  step,  stand 
upon,  cling  to,  or  in  any  way  attach  himself  to  any  locomotive  en- 
gine or  car,  either  stationary  or  in  motion,  upon  any  part  of  the 
track  of  any  railroad,  unless  in  so  doing  he  shall  be  acting  in  com- 
pliance with  law,  or  by  i)crmission,  under  the  lawful  rules  and  regu- 
lations of  the  corporation  then  owning  or  managing  such  railroad?. 

Sec.  2.  Be  it  further  enacted.  That  whenever  any  oflicer,  agent, 
or  employee  of  any  railroad  corporation  shall  have  any  information 
that  any  person  or  minor  has  violated  any  of  the  provisions  of  the 
first  section  of  this  act,  and  has  thereby  endangered  himself,  or 
caused  reasonable  alarm  to  others,  said  officer,  agent,  or  employee, 
shall,  without  unnecessary  delay,  make  complaint  of  such  offense 
against  such  persons  or  minor,  before  some  justice  of  the  peace. 

"Sec.  3.  Be  it  further  enacted.  That  any  person  or  minor  who 
shall  violate  any  of  the  provisions  of  section  one  of  this  act,  shall 
be  punished  by  a  fine,  not  exceeding  twenty-five  dollars,  to  be  re- 
covered in  an  action  of  debt,  in  the  name  of  the  people  of  the  state 
of  Mississippi,  before  any  justice  of  the  peace,  or,  upon  conviction, 
by  imprisonment  in  the  county  jail,  or  other  place  of  confinement, 
for  a  period  not  exceeding  ten  days. 

LIABILITY    FOR    DAMAGE   TO    PERSONS    Oil   STOCK. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  a  railroad  company  shall  be  liable  for  any  damage  to 
persons,  stock,  or  other  property,  by  the  running  of  the  locomotives 
or  cars,  or  other  machinery  of  such  company,  or  for  damage  done 
by  any  person  in  the  employment  and  service  of  such  company  , 
unless  the  company  shall  make  it  appear  that  their  agents  have  ex- 


2U  Cutting  Timber,  etc. 

ercised  all  ordinary  and  reasonable  care  and  diligence,  the  presump- 
tion, in  all  cases,  being  against  the  company.  [By  limitation,  March 
21,  1876.] 

SUITS    AGAINST    RAILROADS,    EXPRESS,    AND    TELEGRAPH    COMPANIES. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State'  of  Mis- 
sissippi, That  the  venue  of  actions  and  suits  against  railroad  com- 
panies in  this  State,  shall  be  in  any  county  in  which  any  part  of 
the  road-bed  of  the  company  which  may  be  sued,  lies  ;  and  the 
venue  of  suits  and  actions  against  any  express  company  doing  busi- 
ness in  this  state,  shall  be  in  an}'  county  in  which  any  part  of  the 
line  on  which  it  does  business,  mav  run;  and  the  venue  of  actions 
and  suits  against  telegrapli  coni[)anies,  whose  Hues  run  through  any 
part  of  this  state,  shall  be  in  any  county  through  which  any  part 
of  the  line  of  an}'  such  company,  which  may  be  sued,  shall  run  ;  and 
if  the  President  or  other  principal  officers  of  said  corporation,  can- 
not be  found  in  the  county  in  whicli  suit  is  brought,  it  shall  be  the 
duty  of  the  sheriff  or  other  officer  having  process  to  execute  against 
said  corporation,  to  deliver  a  true  copy  of  said  process  to  an}'  opera- 
tor, clerk,  or  agent  of  any  telegraph  or  express  company,  in  said 
county  ;  and  said  service  shall  be  as  good  and  as  effectual  as  if 
served  on  the  president  or  other  principal  officer  of  such  corpora- 
tion.    I  Approved,  ^larch  4,  1873.] 


CUTTING  TIMBEE,  AND  OTHEE  TEESPASSES. 

§  2473.  If  any  person  shall  cut  down,  deaden,  or  take  away,  if 
already  cut  or  fallen,  or  destroy,  any  cypress,  white  oak,  black  oak, 
or  other  oak,  pine,  poplar,  black  walnut,  cherry,  or  pecan  tree,  on 
land  not  his  own,  without  the  consent  of  the  owner  of  the  land,  he 
shall  pay  to  the  owner  of  such  tree  or  trees,  fifteen  dollars  for  every 
such  tree  so  cut  down,  taken  away,  or  destroyed  ;  and  for  every 
other  tree,  not  herein  described,  so  cut  down,  carried  away,  or  des- 
troyed, the  sum  of  five  dollars  shall  be  paid  ;  and  the  party  injured 
may  recover,  for  such  trespass,  before  a  justice  of  the  peace,  if  the 
amount  claimed  be  within  his  jurisditiion,  if  not,  then  before  the 
circuit  court  ;  but  any  party  injured,  may  elect  to  charge  less,  for 
any  tree  cut,  carried  away,  or  destroyed,  than  the  amount  herein 
fixed,  and  may  recover  accordingly,  before  any  court  having  juris- 
<liction  of  the  amount  claimed. 

§  2474.  If  any  person  shall  cut  down,  girdle,  destroy,  or  carry 
away,  if  already  cut  c^own,  any  live  oak  tree,  or  any  main  limb  there- 
of, on  land  not  his  own,  without  the  consent  of  the  owner,  he  shall 
pay  to  the  owner  fifty  dollars  for  every  such  tree  or  limb  so  cut 
down,  girdled,  destroyed,  or  carried  away,  which  may  be  recovered 
before  any  court  having  jurisdiction. 

§  2475.     If  any  person  shall  cut  down,  girdle,  or  destroy,  by  any 


Cutting  Timher,  etc.  245 

means  wliaLcvcr,  ain'  uinainental  tree  of  any  kind,  of  the  dimensions 
■of  four  inches  or  more  in  diameter,  wliich  is  enclosed  in  any  i)lcasure 
ground,  yard,  or  garden,  without  the  consent  of  the  owner,  the  per- 
son so  offending,  shall  pa}'  the  owner  of  such  tree  forty  dollars  for 
every  tree  so  cut,  girdled,  or  destroyed  ;  for  any  ornamental  tree  of 
less  dimensions,  which  ma}^  be  cut,  girdled,  or  destroyed,  being 
enclosed  as  aforesaid,  the  person  ofiending  shall  pay  twenty-five 
dollars  ;  and  the  party  injured  may  sue  for  and  recover  the  penalties 
hereby  given,  before  any  court  of  competent  jurisdiction. 

i^  247(5.  If  any  i)erson  shall  cut  down,  dig  up,  or  destroy  any 
ornamental  shrub,  bush  or  plant,  which  is  enclosed  in  any  pleasure 
ground,  flower  garden,  or  yard,  without  the  consent  of  the  owner, 
the  person  so  offending  shall  pay  to  the  owner  thereof  the  sum  of 
twenty  dollars,  for  every  shrub,  bush  or  plant,  so  cut  or  destroyed, 
to  be  recovered  before  a  justice  of  the  peace,  if  the  amount  lie  within 
his  jurisdiction  ;  if  not,  then  before  the  circuit  court. 

^  2477.  If  an}^  person  shall  cut  down,  dig  up,  girdle  or  destroy, 
any  fruit  tree,  enclosed  in  an  orchard,  yard  or  garden,  without  the 
consent  of  the  owner,  the  person  so  offending  shall  pay  to  the  owner 
of  such  tree,  the  sum  of  fift}'  dollars,  for  each  tree  so  cut  down, 
dug  up,  girdled  or  destroyed,  which  may  be  recovered  before  a  jus- 
tice of  the  peace,  if  the  amount  claimed  be  within  his  jurisdiction  ; 
if  not,  then  before  the  circuit  court ;  but  any  party  so  injured  may 
elect  to  charge  less  for  each  fruit  tree,  so  cut  down,  dug  up,  girdled 
or  destroyed,  and  shall  recover  accordingly,  before  any  court  having 
jurisdiction  of  the  amount  claimed. 

^  2478.  Every  person  who,  without  leave  of  the  owner,  or  per- 
son in  charge,  shall  lose  or  take  away  any  boat  or  water  craft,  shall 
pay  the  owner  thereof  twenty  dollars,  over  and  above  the  expenses 
for  bringing  back  such  boat  or  water  craft,  which  may  be  recovered 
before  a  justice  of  the  peace,  if  the  amount  be  within  his  jurisdic- 
tion, but  if  not,  then  before  the  circuit  court ;  and  the  party  so 
•offending  shall,  moreover,-  be  liable  to  the  party  aggrieved,  for  fur- 
ther damages,  to  be  recovered  by  the  proper  action  ;  and  when  sev- 
eral persons  are  concerned,  in  the  act  of  losing  or  taking  away  any 
boat  or  water  craft,  each  per30u  shall  be  liable  for  the  whole  penalty ; 
provided,  that  the  penalty  in  this  article  shall  be  fifty  dollars,  as  to 
water  craft  on  the  Mississippi  river. 

v:^  2479.  Every  action,  for  any  specific  penalty,  given  by  this  act, 
shall  le  prosecuted,  within  twelve  calendar  months,  from  the  time  the 
injury  was  committed,  and  not  after;  and  nothing  herein  contained, 
nor  the  recovery  of  any  penalty  hereby  given,  shall  be  a  bar  to  any 
action  for  further  damages,  or  to  any  criminal  prosecution,  for  any  such 
offence,  as  herein  enumerated. 

§  2480.  Any  person  who  shall  cut,  or  raft  any  cypress,  or  ash  tim- 
ber, for  sale  or  transportation,  upon  lands  belonging  lo  the  State  of 
Mississippi,  or  held  by  said  state,  in  trust,  for  purposes  of  internal  im- 
provement, levees  or  schools,  or  upon  the  land  of  any  other  person  or 
corporation,  without  permission  in  writing,  from  the  owner  or  other 
person,   authorized   to  grant  the  same,  shall  be  liable  fin*  double  dam- 


216  Justice  as  Coroner. 

ages,  to  be  recovered  by  action,  in  the  nanae  of  the  state,  or  other  party- 
aggrieved. 


JUSTICE  AS  COEONEE. 

§  245.  Every  coroner  shall,  upon  view  of  the  body,  take  inquests 
f.f  deaths  in  prison,  and  of  all  violent,  sudden,  or  casual  deaths  within 
his  county,  and  the  manner  of  such  deaths;  and  as  soon  as  he  shall 
have  notice,  or  be  certified  of  any  death,  as  aforesaid,  he  shall  make 
out  a  precept,  directed  to  the  sheriff  or  any  constable  of  the  county, 
where  the  dead  body  is  found  or  lying,  requiring  him  to  summon  six 
good  and  lawful  men  of  the  same  county  to  appear  before  him,  at  the 
time  and  place  in  such  precept  mentioned ;  but  if  a  person  is  killed  in 
the  presence  of  witnesses,  or  come  to  his  death  by  a  known  accident, 
it  shall  not  be  necessary  to  have  an  inquest,  which  precept  shall  be  in 
the  form  or  to  the  effect  following,  to-wit : 

The  State  of  Mississippi,  ) 
County.      J  ^^• 

To  the  sheriff,  or  any  constable  of  said  county  : 

You  are  required,  immediately  upon  sight  hereof,    to  summon  six 

good  and  lawful  men  of  the  said  county  of  ,   to  appear  before 

me,  A.  B.,  coroner  of  said  county,  at ,  in  said  county,  on  the 

day  of ,  at  the  hour  of ,  in  the n&on  of  said  day,  then  and 

there  to  inquire  of,  do,  and  execute  all  such  things  as,  on  behalf  of  the 
state,  shall  be  lawfully  given  them  in  charge,  touching  the  death  of 
C  D,  (or  a  person  unknown,  as  the  case  maybe;)  and  be  you  then 
and  there,  to  certify  what  you  shall  haye  done  in  the  premises,  and 
further  to  do  and  execute  what,  in  behalf  of  the  state,  may  then  and 
there  be  enjoined  on  you. 

Given  under  my  hand,  at  ,  in  the  said  county,  the  day 

of  ,  A.  D 

§  246.  The  sheriff  or  constable,  to  whom  such  precept  shall  be  de- 
livered, shall  forthwith  execute  the  same,  and  shall  repair  to  the  place, 
at  the  time  mentioned  therein,  and  make  return  of  the  said  precept, 
with  his  proceedings  thereon,  to  the  coroner  who  issued  it. 

§  247.  The  coroner  shall  also  issue  process  for  witnesses  to  come 
before  him  to  be  examined,  and  to  declare  their  knowledge  concerning 
the  matter  in  question  ;  and  the  coroner  shall  administer  to  each  wit- 
ness an  oath  or  affirmation  in  the  form,  or  to  the  effect  following : 

"You  do  solemnly  swear  (or  affirm)  that  the  evidence  you  shall  give 
to  this  inquest,  on  behalf  of  the  state,  touching  the  death  of  C  D,  (or 
person  unknown,)  shall  be  the  truth,  the  whole  truth,  and  nothing  but 
the  truth." 

§  248.  The  coroner  shall  swear  or  affirm  the  jurors,  upon  view  of 
the  body,  "diligently  to  inquire,  and  true  presentment  make,  on  behalf 
of  the  State  of  Mississippi,  how  or  in  what  manner  C  D  (or  a  person 
unknown,  as  the  case  may  be,)  here  lying  dead,  came  to  his  death,  and. 


Justice  as  Coroner.  247 

of  such  other  matters  relating  to  the  same,  as  shall  be  lawfully  required 
of  you,  according  to  evidence  ;  so  help  you  God." 

§  249.  If  any  sheriff  or  constable  shall  neglect  or  refuse  to  execute 
the  services  and  duties,  or  any  of  them,  by  tliis  article  prescribed,  or 
if  any  person  summoned  as  a  juror  or  witness,  shall  fail  to  appear,  the 
coroner  shall  certify  and  return  the  facts  to  the  next  circuit  court  held 
in  and  for  the  county  ;  which  court,  unless  a  reasonable  excuse  be 
offered,  shall  set  such  fine  upon  the  sheriff,  constable,  juror  or  witness 
so  offending,  as  shall  be  fit  and  reasonable,  not  exceeding  one  hundred 
dollars,  to  be  paid  into  the  county  treasury;  nnd  the  coroner  shall 
have  power  to  issue  an  attachment  to  compel  the  attendance  of  de- 
faulting witnesses. 

§  250.  When  the  jurors  are  sworn  or  affirmed,  as  aforesaid,  the 
coroner  shall  give  them  a  charge,  upon  their  oaths  or  aflirmations,  to 
declare  of  the  death  of  the  person,  whether  he  or  she  died  by  murder, 
manslaughter,  misadventure,  misfortune,  accident  or  otherwise,  and 
when  and  where,  and  by  what  means,  and  in  what  manner  ;  and,  if  by 
murder,  who  were  principals,  and  who  were  accessories  ,  and,  if  by 
manslaughter,  who  were  the  perpetrators,  and  wirh  what  instrument 
the  stroke  or  wound  was,  in  either  case,  given,  and  so  of  all  prevailing 
circumstances  which  may  come  by  presumption  ;  and  if  by  misadven- 
ture, misfortune,  accident  or  otherwise,  whether  by  the  act  of  God  or 
man,  and  whether  by  hurt,  fall,  stroke  or  drowning,  or  in  any  other 
way  ;  to  inquire  what  persons  were  present  at  the  death,  from  whence 
the  deceased  came,  and  who  he  or  she  was,  and  his  or  her  parents,  rela- 
tives or  neighbors  ;  who  were  the  finders  of  the  body,  whether  killed 
in  the  same  place  where  he  or  she  was  found,  or,  if  elsewhere,  by  whom, 
and  how  be  or  she  was  brought  from  thence,  and  of  all  the  circum- 
stances relating  to  the  said  death  ;  and  if  he  or  she  died  in  prison, 
whether  by  hard  usage  there  or  not ;  and  if  so,  how  and  by  whom  ; 
and  if  he  or  she  put  an  end  to  his  or  her  own  life,  then  to  inquire  of 
the  manner,  means  or  instrument,  and  of  all  the  circumstances  con- 
cerning it. 

§  251.  If  any  person  be  found  guilty,  by  inquisitiou  taken  in  the 
manner  directed  by  this  article,  and  be  not  in  custody,  the  coroner 
shall  forthwith  issue  his  warrant  to  apprehend  the  person  so  found 
guilty,  and  the  accessories,  if  any;  and  the  person  accused,  if  appre- 
hended, shall  forthwith  be  taken  before  some  justice  of  the  peace 
of  the  county  where  the  otfense  was  committed,  to  be  dealt  with 
according  to  law. 

§  252.  Every  coroner,  upon  an  inquisition  before  him  found, 
whereby  an}'  person  or  persons  shall  be  charged  on  account  of  mur- 
der or  manslaughter,  or  as  accessory  or  accessories  to  the  said  crime 
of  murder  or  manslaughter,  either  before  or  after  the  commission 
thereof,  shall  put  in  writing  so  much  of  the  evidence  given  to  the 
jury  before  him,  as  shall  be  material;  and  every  such  coroner  is 
hereby  authorized  and  required  to  bind  all  such,  b}'  bond  or  recog- 
nizance, as  do  declare  anything  material  to  prove  the  said  murder 
or  manslaughter,  or  to  prove  any  person  or  persons  to  be  accessory 
or  accessories  as  aforesaid,  tu  the  said  murder,  to  ap|)car  at  the  next 


218  Justice  as  Coroner. 

circuit  court,  to  be  liolden  within  the  count}',  where  the  trial  thereof 
shall  be,  then  and  there  to  give  evidence  agoinst  such  offender  or 
offenders,  at  the  time  of  his,  her  or  their  trial;  and  shall  certify,  as 
well,  the  same  evidence,  as  such  bonds  and  recognizances,  in  writing, 
as  he  shall  take,  together  with  the  inquisition  before  him  taken  and 
found,  to  the  said  circuit  court,  at  or  before  the  time  of  trial  of 
the  party  so  charged  or  accused. 

^  253.  Wiienever  it  may  be  necessary,  in  order  to  ascertain  the 
cause  of  the  death,  the  coroner,  at  the  written  request  of  a  majority 
of  the  jurors,  may  cause  some  surgeon  or  ph^-sician  to  appear  as  a 
witness  upon  the  taking  of  sucli  inquest;  and  the  fee  of  said  sur- 
geon or  physician  shall,  in  no  case  exceed  ten  dollars;  inovided, 
that  if  the  examination  of  said  surgeon  or  physician  be  made  by 
dissection  or  chemical  analysis,  before  the  body  has  been  interred, 
he  shall  be  allowed  the  sum  of  fifty  dollars;  but  if  made  after  the 
body  has  been  interred,  the  sum  of  one  hundred  dollars  shall  be 
paid,  as  the  coroner's  fees  are  paid  by  law;  and  it  shall  be  the  duty 
of  the  coroner  to  deliver  to  said  surgeon  or  physician  the  said  writ- 
ten request  of  the  jurors,  and  a  copy  of  the  verdict,  both  certified 
by  him,  and  the  fee  shall  be  paid  on  the  presentation  thereof. 

S  254.  In  all  cases,  the  finding  of  the  jury,  together  with  the 
precept  anti  all  the  proceedings  before  the  coroner,  shall  be  returned 
by  him  lo  the  clerk  of  the  circuit  court,  to  be  carefulh'  preserved  in 
his  office. 

§  255.  U,  upon  a  murder,  or  other  untimely'  or  accidental  death, 
there  be  no  coroner  in  the  county  where  such  case  shall  happen,  or 
if,  from  any  cause,  the  coroner  cannot  be  had,  in  due  time,  to  hold 
an  inquest",  it  shall  be  lawful  for  any  justice  of  the  peace  in  such 
county,  to  do  and  perform  all  the  duties  appertaining  to  the  office 
of  coroner  in  such  case,  and  to  receive  the  same  fees;  and  the  in- 
quest, so  taken  and  returned,  shall  be  as  effectual  in  law,  as  if  taken 
and  returned  by  the  coroner. 

^  256.  When  an  inquest  shall  be  held  upon  the  body  of  any  per- 
son who  has  died  by  the  violence  of  another,  the  cost  of  such  in- 
quest shall  be  paid  from  the  treasury  of  the  state;  and  in  case  of 
an  inquest  on  the  body  of  a  person  who  has  died  by  casualty,  or 
suicide,  such  cost  shall  be  paid  from  the  county  treasury;  and  in 
either  case,  a  copy  of  the  verdict  of  the  jury,  certified  by  the  clerk 
of  the  circuit  court,  shall  be  a  sufficient  voucher  to  the  auditor,  or 
treasurer,  to  authorize  such  payment. 


JUSTICE  AS  NOTARY  PUBLIC. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  all  justices  of  the  peace' in  this  state,  mayors  of  any 
incorporated  town  or  cit}',  and  the  clerks  of  the  circuit  and  chan- 
cery courts  of  this  State,  shall  be  notaries  public  by  virtue  of  their 
oflSce,  and  shall  possess  all  the  powers,  and  discharge  all  the  duties 


Justice  as  Kotary  Public.  249 

^boloiigiiig  to  ilu;  office  of  notiiry  puijlic,  and  luiiy  authenticate  all 
their  acts,  instruments  and  attestations,  by  their  seal  of  odice;  and 
and  all  acts  done  by  them  ol"  a  notarial  character,  shall  receive  the 
same  credit  and  leijal  ellect  as  are  attached  to  the  acts  of  notaries 
public  within  the  United  States. 

§  2.  Be  it  further  enacted,  That  there  may  be  appointed  by  the 
Governor,  one  notary  public  for  each  iucori)orate<l  city  or  town  in 
the  state  liavin^  a  population  of  three  thousand  inhabitants,  from 
-amonj^  the  qualified  electors  of  said  city  or  town,  who  shall  hold  his 
otlice  for  the  term  of  four  years,  and  until  his  successor  is  qualilied; 
provided,  that  the  term  of  odice  of  the  notaries  first  appointed 
under  this  act  shall  commence  on  the  first  day  of  January,  .1872. 

§  3.  Be  it  further  enacted.  That  every  notary  public  appointed 
.under  this  act,  shall,  before  he  enters  upon  the  duties  of  his  oflice, 
take  the  oath  of  office,  and  enter  into  bond  in  the  same  manner  as 
county  officers,  in  the  penalty  of  two  thousand  dollars,  conditioned 
that  he  will  well  and  truly  perform  all  the  duties  of  his  office.  Any 
party  interested  may  proceed  on  such  bond,  in  the  manner  provided 
for  summary  i)roceedings  on  bonds  of  justices  of  the  peace. 

§  4.  Be  it  further  enacted,  that  every  notary  public  shall  have 
•the  power  of  administering  oaths  and  affirmations  in  all  matters 
incident  to  their  notarial  office;  and  any  person  who  shall  be  con- 
victed of  having  knowingly  and  wilfully  made,  or  taken,  a  false  oath 
■or  affirmation  before  any  notary  public,  in  any  matter  within  his  offi- 
cial duty,  shall  suffer  the  penalty  of  perjury. 

J^  5.  Be  it  further  enacted.  That  every  notary  public  shall  have 
power  to  receive  the  proof  or  acknowledgment  of  all  instruments  of 
writing  relating  to  commerce  or  navigation,  letters  of  attorney,  and 
such  other  writings  as  are  commonly  proved  or  acknowledged  before 
notaries  within  the  United  States  ;  and,  also,  to  make  declarations, 
and  testify  the  truth  thereof,  under  his  seal  of  office,  concerning  all 
matters  by  him  done  in  virtue  of  his  office. 

§  6.  Be  it  further  enacted.  That  notaries  public,  appointed  under 
'this  act,  may  also  receive  the  proof  or  acknowledgment  of  deeds,  con- 
veyances, or  other  contracts  or  agreements  necessary  to  be  recorded 
in  this  state. 

§  7.  Be  it  further  enacted.  That  every  notary  public  shall  keep  a 
fair  register  of  all  his  official  acts,  and  shall  give  a  certified  copy  of  any 
record  in  his  office  to  any  person  applying  for  the  same,  such  person 
paying  the  legal  fees  therefor. 

§  8.  Be  it  further  enacted.  That  in  case  of  the  death,  resignation, 
•  disqualification,  or  expiration  of  office  of  any  notary,  his  registers  and 
other  x>.\h\w  papers  shall  be  lodged,  within  thirty  days,  in  the  office  of 
the  clerk  of  the  circuit  court  cf  the  county  where  he  resided  ;  and  said 
'■clerk  may  bring  and  maintain  an  action  of  detinue  for  the  same  ;  and 
any  person  d(;taining  the  same  contrary  to  this  act  shall  forfeit  the  sum^ 
•of  one  thousand  dollars,  to  be  recovered  by  action  in  any  coart  of 
competent  jurisdiction,  in  the  name  and  for  the  use  t)f  the  county  ; 
•which  action  shall  be  brought  by  the  district  attorney,  when  required 
to  do  so  by  the  board  of  supervisors  of  the  county  in  which  the  delin- 
quency occurs. 


250  Justice  as  Notary  PiMic. 

§  9.  Be  it  further  enacted,  That  when  any  notary  public  shall  pro- 
test any  bill  of  exchange,  promissory  note,  or  other  instrument,  he 
shall  make  a  full  and  true  record,  in  his  register,  or  book  kept  for  the 
purpose,  of  all  his  proceedings  in  relation  thereto,  and  shall  note  there- 
on whether  demand  was  made,  of  whom,  when  and  where,  whether  he 
presented  such  bill  or  note,  whether  notices  were  given,  to  whom  and 
in  what  manner,  where  the  same  were  mailed,  and  when  and  to  whom, 
and  where  directed,  and  every  other  fact  touching  the  same. 

§  10.  Be  it  further  enacted,  That  the  board  of  supervisors  of  the 
several  counties  shall  provide  a  notarial  seal  for  each  notary  within 
their  county;  the  seals  for  the  notaries  appointed  under  this  act  shall 

have  the  inscription  :   "Notary  Public  of  "   (naming  the  town 

or  city)  around  the  margin,  and   an  eagle  in  the  center  ;  the  seals  for 

all  other  notaries  shall  have  the  inscription:   "  Notary  Public  of  

count}',"  around  the  margin,  and  an  eagle  in  the  center  ;  which  seals 
shall  be  delivered  by  said  notaries  to  their  successors  in  office. 

§  11.  Be  it  further  enacted  that  a  notary  protesting  a  bill  or  note, 
shall  not  be  compelled  to  go  out  of  his  county  to  give  evidence  in  rela- 
tion thereto,  but  either  party  may  obtain  from  the  clerk  of  the  court 
where  the  action  is  depending,  a  commission  to  take  the  deposition  of 
such  notary,  on  giving  the  same  notice  as  required  in  other  cases. 

§  12.  Be  it  further  enacted,  That  the  record  of  the  notary  protest- 
ing any  bill  or  note,  or  other  instrument,  or  a  copy  thereof,  verified  by 
ihe  affidavit  of  such  notary,  taken  before  a  justice  of  the  peace,  shall 
be  conclusive  evidence  of  the  fact  of  the  protest,  and  ^>rt/na  facie 
evidence  of  all  other  facts  touching  the  dishonor  of  said  bill  or  note  ; 
such  copy  shall  be  competent  evidence  in  all  the  courts  of  this  state, 
including  the  courts  in  the  county  in  which  the  notary  protesting  the 
bill  or  note  resides. 

§  13.     Be  it  further  enacted,  That  it  shall  be  lawful  for  notaries 
public  to  demand,  receive  and  take  the  fees  hereinafter  mentioned,  for 
any  business  done  by  them,  that  is  to  say  : 
For  protesting  bill  or  note  for  non-acceptance  or  non-payment, 

and  giving  one  notice •$  2  00 

Each  additional  notice 25 

Registering  such  protest  and  making  record, 1  00 

Attesting  letters  of  attorney  and  seal   50 

Notarial  affidavit  to  an  account  or  other  writing,  and  seal 50 

Each  oath  or  affirmation,  and  seal 50 

Notarial  procuration  and  seal 1  00 

Taking  proof  of  debts  to  be  sent  abroad 50 

Taking  protest  in  insurance  cases,  and  seal 1  00 

Copy  of  record  and  affidavit 1  00 

Taking  acknowledgment  to  deed  or  other  writing,  and  seal. ...  25 

§  14.  Be  it  further  enacted.  That  all  laws  now  in  force  in  reference 
to  officers  undertaking  or  exercising  the  duties  of  their  office,  before 
taking  the  oath  of  office,  and  giving  the  bond  required  by  law,  shall 
apply  to  the  notaries  appointed  under  this  act. 

§  15.  Be  it  further  enacted.  That  when  any  notary  appointed  under 
this  act  shall   remove  out  of  the  town  for  which  he  was  appointed,  all 


Agricultural  Lien  Laws.  251 

his  powers  as  sucli  shall  cease,  and  his  office  become  vacant,  and  if  such 
notary  public  fails  to  qualify  as  herein  provided,  within  thirty  days 
after  his  appointment,  then  the  appointment  sliall  be  void.  In  all 
cases  where  the  office  of  a  notary  appointed  under  this  act  shall  be- 
come vacant,  by  reason  of  the  death,  removal  or  resi<!;nation  of  such 
notary,  then  the  Governor  shall  appoint  a  person  to  fill  the  office. 

^  IG.  Be  it  further  enacted,  That  if  any  notary  public  shall  swear 
falsely  in  regard  to  the  facts  stated  in  his  notarial  record,  or  a  copy 
thereof,  he  shall  be  guilty  of  perjury,  and  on  conviction,  shall  be  pun- 
ished as  in  other  cases  of  perjury. 

Approved  April  5,  1872. 


0 


AGEICULTURAL  LIEN  LAV7S. 
(  Act  of  1876. ) 


Section  1.  Be  it  enacted  bv  the  Legislature  of  the  State  of  Mis- 
sissippi, That  there  shall  be  a  lien  in  favor  of  all  landlords,  on  all 
the  agricultural  products  raised  on  the  land  of  such  landlord,  for 
the  rent  agreed  to  be  paid  by  the  tenant,  and  also  a  lien  upon  such 
products  for  all  necessary  family  and  farming  supplies  and  farming 
implements,  and  stock  furnished  or  advanced  to  such  tenant,  during 
the  year  that  such  products  are  raised  ;  provkUcl,  such  lien  for  sup- 
plies, stock,  and  implements,  shall  not  operat^^  as  against  other  per- 
sons to  wdiom  such  tenant  shall  have  given  a  deed  of  trust  or  mort- 
gage for  supplies,  for  said  year,  and  of  which  said  landlord  had  notice 
[the  word  "notice"  shall  be  construed  to  mean  actual,  not  merely 
constructive  notice — Acts  1877,  page  83],  before  such  advancing  by 
such  landlord  ;  vend  provided,  further,  that  such  lien  for  rent  shall 
exist  only  on  the  products  raised  during  the  year  for  which  such 
rent  is  claimed. 

Sec.  2.  Be  it  fnrther  enacted.  That  there  shall  be  a  lien  in  favor 
of  all  empldyers  of  laborers  upon  the  wages  to  be  paid  such  labor- 
ers, and  upon  all  the  shares  or  interest  of  such  employees,  while  so 
employed,  for  the  indebtedness  for  all  necessary  and  farming  sup- 
plies, working  stock,  and  implements  furnished  or  advanced  to  such 
employees,  by  such  employers,  during  the  time  of  such  employment. 

Sec.  3.  Be  it  further  enacted,  That  there  shall  be  a  lien  in  favor 
of  the  laborers  or  employees,  upon  all  agricultural  products  raised 
b^^  such  laborers  or  emplo3'ees  for  their  share  or  interest  in  such 
crops,  and  a  lien  for  their  wages  upon  all  crops  raised  by  them,  or 
with  their  assistance,  and  for  the  hauling  or  handling  of  any  such 
crops  or  products. 

Sec.  4.  Be  it  further  enacted,  That  the  liens  provided  for  in  the 
foregoing  sections  of  this  act,  shall  be  prior  to  all  other  liens,  claims, 
or  incumbrances,  and  shall  exist  without  recording,  and  whether  the 
contract  be  in  writing  or  not,  and  shall  be  concurrent,  except  that 
the  lien  for  rent  shall  be  prior  to  all  others. 


252  Airicultiival  Lien  Laws. 

Sec.  5.  Be  it  i'urtaer  enacted,  That  the  enforcement  of  the  liens 
provided  for  in  the  foregoing  sections  of  this  act,  may  be  had  in  the 
courts  of  law  in  this  state,  and  in  the  following  manner  :  When 
the  amount  of  indebtedness  or  A'alue  of  the  share  or  portion  of  the 
crops  claimed,  is  not  jnore  than  one  hundred  and  fifty  dollars,  exclu- 
sive of  interest,  the  plaintiff,  his  agent,  or  attorne}^  may  make  and 
file  with  any  justice  of  the  peace  having  jurisdiction  of  the  case,  an 
affidavit,  setting  forth  a  statement  of  the  claim,  the  amount  claimed, 
and  the  names  of  all  persons  known  or  supposed  to  have  any  interest 
in  the  property  sought  to  be  subjected  to  the  enforcement  of  such 
lien,  and  also  describing  the  property  upon  which  such  lien  is 
claimed  to  exist.  Upon  the  filing  of  which  affidavit,  such  justice 
of  the  peace  shall  issue  a  writ,  directed  to  some  officer  authorized 
by  law  to  execute  such  writ,  commanding  such  officer  to  seize  the 
})roperty  described,  or  a  sufficiency  thereof  to  cover  the  amount 
claimed,  and  costs  of  suit,  and  to  summon  the  persons  named  in 
such  affidavit,  to  appear,  as  in  other  suits,  to  answer  the  claim  of 
the  plaintiff,  and  such  officer  shall  execute  such  writ  in  pursuance 
of  its  terms,  and  shall  hold  such  property  so  seized,  subject  to  the 
result  of  the  suit. 

Sec.  <i.  Be  it  further  enacted,  That  on  the  return  day  of  such 
writ,  the  defendant  or  defendants,  who  shall  make  defense  or  set  up 
any  claim  in  or  to  such  propert}-,  or  any  part  of  it,  shall  file  a  suc- 
cint  statement,  in  writing,  of  his  or  their  claim,  or  defense,  and  such 
cause  shall  then  be  considered  at  issue,  and  shall  be  tried,  as  other 
causes,  in  justices'  courts,  and  the  judgment  of  such  court  may  be 
for  a  part^  or  the  whole,  of  plaintiff's  demand,  or  for  the  defendant 
or  defendants,  or  such  of  them  as  shall  be  entitled  to  judgment,  or 
for  both  plaintiffs  and  defendants,  in  accordance  with  the  finding  of 
the  court  or  jury.  Such  judgment  may  be  for  a  part  of  the  specific 
property,  or  for  a  specified  sum  of  money,  as  the  finding  in  the  case 
may  warrant,  and  the  costs  sliall  be  taxed  and  collected  by  an  equi- 
talfie  apportionment  by  the  court. 

Sec.  7.  Be  it  further  enacted,  That  after  judgment  rendered  in 
such  suits,  the  court  or  justice  shall  issue  a  special  execution,  not 
sooner  than  three  da}  s  after  such  judgment  is  rendered,  command- 
ing the  proper  officer  to  execute  such  judgment  in  accordance  with 
the  terms  of  such  judgment,  which  terms  shall  be  stated  in  sucH 
special  execution,  and  such  officer  shall  execute  the  execution,  by 
division  of  the  property  in  question,  and  distribution  to  the  differ- 
ent parties  having  an  interest  in  it,  or  by  sale,  as  in  other  cases  of 
sales  of  personal  property  under  execution,  or  by  division  in  part, 
and  sale  in  part,  as  the  execution  may  direct. 

Sec.  8.  Be  it  further  enacted,  That  when  the  amount  claimed  by 
plaintiff,  exclusive  of  interest,  exceed  one  hundred  and  fifty  dollars, 
proceedings  shall  be  instituted  in  the  manner  hereinbefore  provided, 
except  that  tlie  justice  issuing  such  writ  of  seizure,  shall  make  the 
same  returnable  to  the  next  term  of  the  circuit  court  in  the  county 
where  such  propert\'  claimed  to  be  subject  to  the  lien,  is  situated, 
and  the  affidavit  shall  be  sent  up  to  the  circuit  court,  as  in  cases  of 


Agricultural  Lien  Laws.  253 

jittachuient,  and  the  oflicc'i-s  executing  such  writ  of  seizuro,  shall 
return  the  same  to  the  circuit  court,  as  in  cases  of  attachment, 
together  with  his  return,  showing  his  proceedings  under  such  writ; 
and  shall  safel3'keep  and  hold  the  propert}-  seizeil  by  virtue  of  such 
writ,  subject  to  the  result  of  the  suit  in  the  circuit  court,  unless  the 
defendant  or  defendants  against  whom  the  indebtedness  is  charged, 
or  the  defendant  or  detendants  in  possession  of  the  propert3',  when 
the  same  was  seized,  or  the  plaintilf,  defendant  having  tlie  first  right, 
as  in  replevin,  shall  enter  into  bond,  in  double  the  value  of  the  pro- 
pert}',  wdth  two  or  more  good  sureties,  to  be  approved  b}'  the  oflicer 
executing  the  writ,  who  shall  make  afTidavit  that  they  are  worth  the 
amount  of  such  bond,  in  propert}^  liable  to  execution,  ovei"  and 
above  their  legal  exemptions,  payable  to  the  other  parties  to  the 
suit,  conditioned  to  have  sucii  properly  forthcoming,  to  abide  the 
result  of  such  suit,  and  in  default  thereof  to  pa}-  and  satisfy  such 
judgment  as  shall  be  rendered  in  such  cause,  to  the  extent  of  the 
value  of  such  property  and  costs  of  such  suit,  in  which  event  the 
property  shall  be  delivered  to  such  defendant  or  detendants,  or  plain- 
till,  so  entering  into  such  bond.  This  provision  for  Ijond  shall 
extend  to  suits  heretofore  instituted. 

Sec.  9.  Be  it  further  enacted,  That  on  or  before  the  return  day  of 
such  writ  in  the  circuit  court,  the  plaintiff  shall  file  with  the  papers  in 
such  cause,  a  statement,  setting  forth  in  full,  his  claim,  and  the  defend- 
ant or  defendant?,  making  any  defense  or  claim,  shall,  in  like  manner, 
file  a  statement  of  his  or  their  defense  or  claim,  when  such  suit  shall 
be  considered  at  issue,  and  shall  be  tried  as  other  suits  in  the  circuit 
court,  at  the  first  term,  uuless  good  cause  for  continuance  be  shown,  and 
the  proceedings  shall  be  the  same  as  hereinbefore  provided  to  be  had 
injustices'  courts,  except  that  judgment  may  be  rendered  in  the  cause, 
upon  the  bond,  in  case  one  be  given,  instead  of  against  the  property  ; 
and  full  powers  are  hereby  invested  in  the  circuit  court  to  render  judg- 
ment in  accordance  with  the  finding  of  the  court  or  jury. 

Sec.  10.  Be  it  further  enacted.  That  in  all  suits  instituted  under 
and  by  virtue  of  this  act,  the  court,  in  which  such  suit  shall  be  pend- 
ing, shall  allow  all  amendments  of  the  proceedings  necessary  to  a  full 
development  and  settlement  of  the  rights  of  the  different  parties  to 
such  proceedings,  and  all  persons,  not  parties  to  such  suit,  claiming  any 
interest  in  the  property  involved  in  such  litigation,  if  they  shall  have 
actuiil  notice  of  such  suit,  shall  becom.e  parties  in  the  same,  upon  pe- 
tition by  them,  and  an  order  of  the  court,  to  that  effect,  and  in  default 
thereof,  shall  have  no  other  right  of  action  as  to  the  property  in  which 
the  plaintiff  or  plaintiffs,  or  defendant  or  defendants,  shall  have  acquired 
rights  by  virtue  of,  and  under  the  judgment  in  such  cause. 

Sec.  11.  Be  it  further  enacted,  That  it  shall  be  lawful  for  persons  to 
make  and  execute  mortgages  or  deeds  of  trust  upon  growing  crops,  or 
upon  crops  to  be  grown  within  fifteen  mouths  from  the  making  of  such 
mortgage  or  deed  of  trust,  which  incumbrance  shall  lie  valid  and  bind- 
ing upou  the  interst  of  such  mortgagor  or  grantor,  in  such  crop,  but 
shall  not  be,  in  any  case,  prior  to  the  liens  hereinbefore  provided  for 
in  this  act. 


254  Agricultural  Lien  Laws. 

Sec.  12.  Be  it  further  enacted,  That  there  shall  be  no  property  ex- 
empt from  execution,  where  the  claim  sued  for  is  for  labor  performed  ; 
provided,  the  fact  that  such  claim  is  for  labor  performed,  shall  appear 
in  the  judgment  on  the  same,  and  shall  also  appear  in  the  execution 
issued  on  such  judgment. 

Sec.  13.  ^e  it  further  enacted,  Tliat  appeals  from  judgments  ren- 
dered in  suits  instituted  under  this  act,  in  justices'  courts,  shall  be  in 
the  same  manner  as  in  other  cases  in  such  courts ;  inovided,  the  same 
be  taken  in  three  days  from  the  rendition  of  such  judgment. 

Sec.  14,  Be  it  further  enacted,  That  an  act  entitled  an  act  to  se- 
cure the  payment  of  wages  for  labor  and  liabilities  for  supplies,  ap- 
proved April  5,  1872,  and  an  act  entitled  an  act  to  amend  an  act  en- 
titled an  act  to  secure  the  payment  of  wages  for  labor  and  liabilities 
for  supplies,  approved  April  5,  1872,  approved  April  17,  1873,  be  and 
the  same  are  hereby  repealed,  but  this  act  is  not  intended  to  afiect  civil 
or  criminal  proceedings  instituted,  or  contracts  entered  into  under  said 
acts,  before  the  passage  of  this  act. 

Sec.  15.  Be  it  further  enacted,  That  no  judgment  shall  constitute 
a  lien  upon  growing  crops,  nor  shall  any  execution  be  levied  on  any 
such  growing  crops ;  %>rovided,  that  this  section  shall  not  affect  judg- 
ments and  executions  rendered  and  issued  for  the  enforcement  of  liens 
provided  for  in  this  act. 

Sec.  16.  Be  it  further  enacted,  That  if  any  person  shall  sell,  remove, 
or  dispose  of  any  crop,  or  part  thereof,  upon  which  any  other  person 
shall  have  a  claim,  by  virtue  of  the  provisions  of  this  act,  such  person 
so  selling,  removing,  or  disposing  of  such  crop,  or  part  thereof,  if  with- 
out the  consent  of  the  person  so  interested,  shall  be  deemed  and  held 
to  be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined  not 
less  than  ten  dollars,  nor  more  than  five  hundred  dollars,  or  by  impris- 
onment in  the  county  jail,  not  more  than  six  months,  or  by  both  such 
fine  and  imprisonment.     [Approved,  April  11,  1876. J 

LIEN  0>^  WATER  CKAFT. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  there  shall  be  a  lien  in  law,  in  favor  of  every  merchant, 
coal  merchant,  supply  man,  material  man,  or  repairer  upon  any  domes- 
tic vessel,  steamboat,  or  other  water  craft,  owned  by  citizens  of  this 
state,  or  plying  between  any  ports  or  landing  in  this  state,  or  exclu- 
sively upon  any  of  the  navigable  waters  of  this  state,  and  upon  all  the 
furniture,  tackle,  apparel  and  equipments  of  the  same  to  secure  the 
price  or  value  of  any  inerchandise,  fuel,  material  or  supplies  furnished 
to  such  domestic  vessel,  steamboat  or  other  water  craft,  or  the  price  or 
value  of  any  repairs  which  may  be  made  upon  the  same  ;  and  such 
lien  shall  be  upon  the  vessel,  steamboat,  or  other  water  craft  itself, 
and  upon  all  the  furniture,  tackle,  apparel  and  equipments  of  the  same, 
without  reference  to  the  ownership  thereof,  and  shall  be  superior  to 
any  mortgage  on  the  same,  created  by  the  owners  thereof,  and  shall  be 
enforceable  against  such  vessel,  steamboat,  or  other  water  craft,  and 
the  furniture,  tackle,  apparel,  and  equipments  of  the  same,  in  the  hands 


Constables.  255 

of  any  subsequent  purchaser,  whether  bona  fide  or  otherwise  ;  "provided., 
that  proceedings  to  enforce  such  lien  sliall  be  coramenced  within  ninety 
days  after  the  purchaser  shall  have  purchased  the  same.  [Approved, 
April  5,  1876.] 


CONSTABLES. 


DUTIES  OP   CONSTABLES. 

§  278.  Constables  shall  take  the  oath  of  ollice  prescribed  by  the  con- 
stitution, and  enter  iulo  bond  in  like  manner  as  other  county  officers 
are  required  to  do,  conditioned  according  to  law,  which  bond  shall  be  in 
the  penalty  of  one  thousand  dollars,  or  such  other  sum  as  the  board  of 
supervisors  of  the  county  may,  at  any  time,  require. 

§  279.  Vacancies  happening  in  the  office  of  constable,  shall  be  filled 
by  election  for  the  unexpired  term,  in  the  manner  provided  for  filling 
vacancies  in  the  office  of  justice  of  the  peace  ;  the  person  elected  to  fill 
any  such  vacancy,  giving  bond,  and  taking  the  oath  of  office  as  requir- 
ed in  the  last  preceding  section  of  this  article. 

§  280.  It  shall  be  the  duty  of  every  constable  to  keep  and  preserve 
the  peace  within  his  county  ;  to  prevent  all  intoxication,  or  sale,  barter 
or  use  of  intoxicating  liquors  on  election  days,  and  prevent  all  distur- 
bances ;  preserve  peace  and  good  order  at  the  [)olls  and  places  of  vot- 
ing, and  faithfully  to  aid  and  assist  in  executing  the  criminal  laws  of 
this  State;  to  give  information,  without  delay,  to  some  justice  of  the 
peace,  or  other  proper  officer,  of  all  riots,  routs,  and  unlawful  assemblies, 
and  of  every  violation  of  the  penal  laws,  which  may  come  to  his  knowl- 
edge in  any  manner  whatsoever  ;  and  also  to  execute  and  return  all 
process,  civil  and  criminal,  lawfully  directed  to  him  according  to  the 
commands  thereof,  and  to  pay  over  all  moneys,  when  collected  by  him, 
to  the  justice  of  the  peace,  or  to  the  person  lawfully  authorized  to  re- 
ceive the  same. 

§  281.  Sales  by  constables  shall  be  held  at  such  convenient  times 
and  places  as  they  may  appoint,  and  ten  days'  notice  shall  be  given 
thereof,  by  advertisement,  in  two  or  more  public  places,  in  the  county 
or  neighborhood  ;  and  there  shall  not  be  more  than  fifteen  days  between 
the  levy  and  the  sale  of  the  property  levied  on.  The  justice  shall 
make  an  allowance  to  the  constable,  out  of  the  proceeds  of  the  sale, 
for  the  keeping  of  any  live  stock  seized  by  the  constable  on  execution. 

§  282,  If  any  constable,  or  other  officer,  shall  fail  to  execute  and 
return,  according  to  law,  any  execution  to  him  directed  by  any  justice 
of  the  peace,  on  or  before  the  return  day  thereof,  the  plaintiff,  in  such 
execution  may  recover  the  amount  thereof,  with  interest  and  costs,  and 
five  per  cent,  damages  thereon,  by  motion  before  the  justice  to  whom 
said  execution  was  returnable,  against  said  officer  and  his  sureties,  on 
giving  five  days  notice  of  such  motion.     And  when  any  constable,  or 


256  As  a  Criminal  Court. 

other  officer,  or  his  sureties,    shall  have   paid  the   amount   of  raouey 
and  damages  recovered  as  aforesaid,  the  original  judgment  and  execu- 
tion shall  be  vested  in  the  person  so  paying,  for  his  benefit ;  and  fur- 
ther, the  said  justice,  on  like  motion  and  notice,  may  fine  the  said  officer 
not  exceeding  fifty  dollars,  for  failing  to  return  such  execution. 

§  283.  If  any  constable  or  other  officer,  shall  collect  or  receive  any 
money,  by  virtue  of  an  execution  issued  by  a  justice  of  the  peace,  and 
shall  not  pay  the  same  over,  on  demand,  to  the  plaintiff,  in  executio;i, 
or  other  person  authorized  to  receive  the  same,  the  said  plaintiff,  or  • 
other  person  authorized  to  receive  the  same,  may  recover  the  amount 
thereof,  with  interest  and  costs,  and  twenty-five  per  cent,  damages,  by 
suit  or  motion,  before  any  justice  of  the  peace,  or  other  court  having 
cognizance,  against  such  officer  and  his  sureties,  on  giving  two  day's - 
notice. 

§  284.  If  any  constable,  or  other  officer,  snail  make  a  false  return 
on  any  execution,  or  other  process  issued  by  a  justice  of  the  peace,, 
such  officer  shall  forfeit  and  pay  the  sum  of  fifty  dollars,  to  be  recov- 
ered against  such  officer,  and  his  sureties,  by  suit  or  motion,  before  the 
"justice  by  whom  such  process  was  issued,  or  any  other  justice  of  the 
peace  having  jurisdiction,  on  two  days  notice,  in  case  of  a  motion,  for- 
the  use  of  the  party  injured  by  said  false  return,  and  such  justice  or 
justices  shall  have  full  power  to  try  and  determine  such  suit  or  motion. 

§  285.  In  all  suits  or  motions  against  constables  or  other  officers, 
under  this  article,  either  party  may  appeal  to  the  circuit  court  as  ia 
other  cases. 

§  286.  Any  constable  who  shall  fail  to  discharge  any  of  the  duties 
required  of  him  by  this  article,  when  no  other  penalty  is  provided  for 
such  failure,  shall  be  liable  to  be  fined  not  exceeding  ten  dollars,  by 
the  justice  of  the  peace  before  whom  the  proceeding  may  be  pending, 
to  be  collected  by  such  justice,  and  paid  into  the  county  treasury,  and' 
he  shall  be  liable  on  his  bond  to  the  action  of  the  party  injured  for  all 
damages. 


4S  A  CRIMINAL  COURT. 


JURISDICTION. 

§  1304.  Justices  of  the  peace  shall  have  jurisdiction  concurrent- 
Vv'ith  the  circuit  court  of  the  county,  of  all  cases  of  offenses  against  the 
laws  of  this  state,  occurring  in  their  several  counties,  where  the  pun- 
ishment prescribed  does  not  extend  beyond  a  fine  and  imprisonment  in 
the  county  jail;  and  they  shall  be  conservators  of  the  peace  for  the 
whole  county. 

i^  2750.     The  several  courts  of  justice,  organized  under  the. constitu- 
tion and  laAvs  of  this  state,  shall  possess  the  sole  and  exclusive  jurisdic-- 


Jiiviscllctioii — Practice.  257 

tioii  of  trying  and  puiiisliiiig  all  persons,  in  the  manner  prescribed  by 
law,  for  crimes  and  otfenses  committed  in  this  state,  excej)t  such  as  are 
exclusively  cognizable  by  the  courts  deriving  their  jurisdiction  from 
the  constitution  and  laws  of  the   United  States. 

§  2751.     Tiie  locil  jurisdiction  of  all  otfenses,  uidess  otherwise  pro 
viiied  Ly  law,  shall    he   in  the  county  where  the  offense  was  committed. 

§  2752.  Where  an  offense  is  commenced  out  of  this  state,  and  con- 
summated in  it,  or  where  an  offense  is  consummated  in  this  state,  by 
any  means  or  agency,  jn-oceeding  from  a  person  out  of  this  state,  the 
psrson  £0  commencing  such  offense,  or  putting  in  operation  such  means 
or  agency,  although  out  of  the  state  at  the  time  such  offense  was  actu- 
ally consummated,  shall  be  liable  to  indictment  and  punishment  there- 
for, in  the  county  where  the  offense  was  consummated. 

i^  2753.  Where  an  offense  is  commenced  in  this  state,  and  consum- 
mated ont  of  it,  either  directly  by  the  accused,  or  by  any  means  or 
agency  jirocured  by,  or  proceeding  from  him,  he  shall  be  tried  in  the 
county  where  such  offense  was  commenced,  or  from  which  euch  means 
or  agency  proceeded. 

§  2754.  When  an  offense  is  committed,  partly  in  one  county  and 
partly  in  another,  or  where  the  acts,  effects,  means  or  agency  occur, 
in  whole  or  in  part,  in  different  counties  of  this  state,  the  jurisdiction 
.shall  be  in  either  county  in  which  said  offense  was  commenced,  pros- 
ecuted or  consummated,  where  indictment  shall  be  first  found. 

§  2755.  Where  property  is  stolen  in  another  state  or  country,  and 
brought  into  this  state,  or  is  stolen  in  one  county  in  this  state,  and  is 
carried  into  another,  the  jurisdiction  shall  be  in  any  county  into,  or 
through  which  the  property  may  have  passed,  or  where  the  same  may 
be  found. 

§  2756,  Where  the  mortal  stroke,  or  other  cause  of  death,  occurs 
or  is  given  or  administered  in  one  county,  and  the  death  occurs  in 
another  county,  the  offender  may  be  tried  in  either  county  ;  and  so, 
also,  if  the  mortal  stroke  or  cause  of  death  occurs,  or  is  given  or  ad- 
ministered, in  another  state  or  country,  and  the  death  happens  in  this 
state,  the  offender  shall  be  tried  in  die  county  where  the  death  hap- 
pened. 

PRACTICE. 

§  1322.     On  affidavit  of  the  commission,  within  his  district,  of  any 
imiual  offense  of  which  he  has  jurisdiction,  lodged  with  any  justice 


ci 


of  the  peace,  he  shall  issue  a  warrant  for  the  arrest  of  the  oftender, 
returnable  forthwith,  or  on  a  certain  day  to  be  named,  and  shall  issue 
subpoenas  for  witnesses,  as  in  civil  cases,  and  shall  i)roceed  to  try  and 
dispose  of  said  case,  according  to  law ;  and  on  conviction,  shall  order 
such  punishment  to  be  inflicted  as  the  law  provides. 

§  1323.  It  shall  be  lawful  for  a  justice  of  the  peace  to  order  any 
one  found  guilty  by  him,  who  shall  not  immediately  pay  any  fine 
imposed  on  him,  and  all  costs,  to  stand  committed  to  the  county  jail, 
until  payment  of  such  tine  and  costs. 

§  1324.     The  keeper  of  the  jail   of  any  countv   shall  receive  and 

17 


258  Conservators  of  Peace. 

keep  any  prisoner  committed  by  a  justice  of  tlie  peace,  accordiog  to  the- 
ordar  of  commitment. 

§  i8"21.  Tlie  justices  of  the  peace  of  the  several  counties  of  this 
state  shall  be  conservators  of  the  peace  within  their  respective  count'es, 
and  shall  have  power  to  take  all  manner  of  bonds  or  recognizances, 
with  or  without  security,  for  good  behavior,  to  keep  the  peace,  or  for 
appearance  at  the  circuit  court,  as  the  case  may  require,  to  answer  any 
charge  against  the  obligor  or  cognizor,  or  any  offense  committed  in  the 
view  of  such  justices,  or  any  of  them,  and  whereof  they  have  not 
jurisdiction  to  hear  and  determine  ;  and  in  case  any  person  shall  refuse 
to  enter  into  bond  and  recognizance  as  aforesaid,  and  to  find  security, 
when  so  required,  it  shall  be  lawful  for  said  justices,  or  any  of  them, 
to  commit  the  person  so  refusing  to  jail,  there  to  remain  until  he  shall 
comply  with  the  order  of  such  justices.  And  all  bonds  and  recogni- 
zances so  taken,  shall  be  returned  by  the  justices  taking  the  same,  to 
the  next  circuit  court;  and  if  any  person  shall  forfeit  his  bond  or 
recognizance,  the  same  shall  be  so  adjudged,  and  proceeded  v.'ith,  as  is 
provided  in  this  code. 

§  2822.  Any  justice  of  the  peace  may,  by  warrant  under  his  hand, 
cause  any  person  charged  on  oath  with  having  committed,  or  being 
suspected  of  any  offense  against  the  laws  of  this  state,  to  be  appre- 
hended and  brought  before  him,  or  some  other  justice  of  the  peace  of 
his  county,  and  on  examination,  any  justice  may  commit  such  offender 
to  jail,  when  the  offense  is  not  baihible,  or  where  the  offender  is  unable 
or  unwilling  to  give  bail,  in  bailable  cases. 

§  2823.  Any  justice  of  the  peace,  or  other  committing  officer  or  court, 
may  require  any  prosecutor  or  witness,  appearing  before  him,  to  enter 
into  bond  or  recognizance,  in  such  sura  as  he  may  think  fit,  with  or 
without  security,  for  his  appearance  to  prosecute,  or  give  evidence  in 
any  cause  or  matter,  and  in  default  of  such  prosecutor  or  witness,  may 
commit  him  to  jail,  until  he  shall  give  such  bond  or  recognizance,  or 
until  he  shall  be  discharged  by  due  course  of  law. 

§  2824.  Any  justice  of  the  peace,  on  the  affidavit  of  any  credible 
person,  may  issue  warrants  to  search  for  stolen  goods,  particularly  de- 
scribing the  goods,  and  the  place  to  be  searched.  If  other  persons 
claim  any  property  thus  seized,  not  over  the  value  of  one  hundred  and 
fifty  dollars,  tlie  justice  shall  try  the  claim  in  his  own  court.  If  the 
value  thereof  be  over  that  sum,  then  he  shall  send  the  claim  to  the  cir- 
cuit court  of  the  proper  county  for  trial,  taking  bond  according  to  the 
statute  relating  to  claimant's  issues. 

§  2825.  In  all  criminal  cases,  brought  before  any  justice  of  the 
pep.ce,  he  shall  take  the  voluntary  confession  of  the  accused,  and  the 
substance  of  the  material  testimony  of  all  the  witnesses  examined  be- 
fore him,  in  writing,  and  shall  inform  the  accused  of  his  right  to  in- 
terrogate such  witnesses,  which  questions,  and  the  answers  thereto,  he 
shall  also  reduce  to  writing;  and  the  said  proceedings  and  testimony, 
so  taken  and  had,  the  said  justice  shall  certify  and  send  up,  together 
with  the  bonds  or  recognizance  of  ihe  accused,  and  the  prosecutor  and 
witnesses,  to  the  next  term  of  the  circuit  court  of  the  proper  county, 
on  or  before  the  first  day  of  the  term.     And  any  justice  failing  so  ta 


Vagrancy— other  Offences.  -59 

do,  shall  be  fined  by  such  circuit  court,  on  motion  of  the  district  attor- 
ney, on  reasonable  notice  thereof,  not  more  than  fifty  dollars. 

%  2826.  When  any  person,  accused  of  any  offence,  removes  or 
escapes  to  another  county,  any  justice  of  the  peace  of  any  county, 
where  the  accused  may  be  supposed  to  have  removed  or  escaped,  shall, 
tin  application,  endorse  any  warrant  purporting  to  have  been  issued  by 
any  justice  in  another  county,  which  shall  authorize  the  arrest  of  any 
such  offender  in  the  county \)f  .such  endorsement,  and  his  removal  to 
the  county  where  the  offence  was  committed,  or  is  triable. 

i^  2827.  Any  justice  of  the  peace,  in  criminal  cases  or  inquiries 
before  him,  may  issue  subpoenas  to  any  county  in  the  state,  returnable 
immediately,  and  shall  have  power  to  enforce  obedience  thereto,  as  in 
other  cases. 

§  2828.  Any  justice  of  the  peace,  of  any  county  in  this  state,  into 
which  any  offender  may  have  removed  himself,  or  escaped,  on  the  oath 
of  some  credible  person,  may  issue  his  warrant  for  the  arrest  of  such 
offender,  returnable  before  any  justice  of  the  peace  of  the  county 
where  the  offence  is  properly  cognizable,  which  shall  authorize  such 
arrest,  and  the  removal  of  such  offender  to  the  proper  county,  for  ex- 
amination. 

^  2829.  All  oflfences,  cognizable  before  a  justice  of  the  peace,  shall 
be  prosecuted  by  warrant,  under  the  hand  of  such  justice,  returnable 
on  a  day,  and  at  a  place  therein  specified  ;  the  person  accused  shall 
have  the  benefit  of  counsel  in  his  defense,  and  the  privilege  of  cross- 
examining  the  witnesses  against  him,  as  in  other  cases. 

g  2830.  If  any  person  shall  pull  down  any  advertisement,  author- 
ized by  law,  he  shall,  on  conviction  thereof,  before  any  justice  of  the 
peace,  be  fined  by  such  justice,  not  more  than  fifty  dollars,  to  be  paid 
into  the  county  treasury. 

^5  2831.  Persons  who  have  no  visible  means  of  support,  but  who, 
for  the  most  part  support  themselves  by  gaming,  shall  be  deemed,  held 
and  taken,  as  vagrants,  and  dealt  with  as  such. 

§  2836.  The  following  persons  shall  be  deemed  adjudged  and  pun- 
ished as  vagrants,  to-wit :  All  able  bodied  persons,  who  live  without 
employment  or  labor,  and  have  no  visible  means  of  support  or  main- 
tenance ;  an}  person  who  shall  abandon  his  wife  or  family,  without 
just  cause,  leaving  them  without  support,  raid  in  danger  of  becoming  a 
public  charge  ;  keepers  of  houses  of  public  gaming,  or  houses  of  pros- 
titution, and  all  common  prostitutes,  who  have  no  other  employment 
for  their  support  or  maintenance  ;  any  able-bodied  person,  who  shall  be 
found  begging  for  a  livelihood,  and  common  gamblers,  or  persons,  who 
for  the  /iiost  part,  maintain  themselves  by  gaming. 

§  2837.  It  shall  be  the  duty  of  any  justice  of  the  peace,  upon  his 
own  knowledge,  or  on  oath  or  information  of  any  credibh^  person,  to 
issue  his  warrant  to  the  sheriff  or  constable  of  any  county,  for  the 
arrest  of  any  vagrant,  or  person  suspected  or  believed  to  be  such 
vagrant,  and  to  examine  him  in  relation  thereto ;  and  en  satisfactory 
evidence  of  his  being  a  vagrant,  such  justice  shall  commit  him  to  the 
common  jail  of  the  county,  for  ten  days,  unless  he  shall  give  bond  or 
recognizance,   witli  good  security,  in  the  sum  of  two  hundred  dollars, 


260  Fines,  Bonds,  etc. 

for  his  good  behavior  for  twelve  mouths;  which  bond  or  recognizance, 
such  justice  shall  return  to  the  next  term  of  the  circuit  court,  and  the 
same  shall  have  like  effect,  and  be  subject  to  like  proceedings,  as  bonds 
or  recognizances  in  criminal  cases.  And  if  such  vagrant  shall  so  con- 
tinue, alter  the  execution  of  such  bond  or  recognizance,  or  shall,  at 
any  time  within  the  said  tjvelve  months,  act  as  a  vagrant,  or  otherwise 
violate  the  law,  ihe  said  bond  or  recognizance  shall  become  forfeited. 

§  2838.  It  shall  be  the  duty  of  any  justice  of  the  peace,  upon  his 
own  knowledge  or  information,  of  any  subsequent  violation  of  the  pro- 
visions of  this  code,  in  relation  to  vagrants,  to  commit  such  vagrant  to 
jail,  for  twenty  days  ;  and  no  bond  or  recognizance  shall  be  allowed  on 
such  second  or  other  offence. 

S  2839.  In  all  commitments  for  vagrancy,  the  justice  shall  order 
the  offender  to  be  confined  for  the  time  specified,  and  until  he  shall  pay 
the  costs  of  such  imprisonment,  and  all  proceedings  relative  thereto,  or 
until  discharged  by  due  course  of  law,  after  ten  days'  notice  to  such 
justice,  of  his  intended  application  for  such  discharge. 

^  2840.  All  the  fines  collected  by  such  justice,  or  other  officer, 
shall  be  paid  into  the  state  treasury,  to  the  credit  of  the  school  fund. 

§  2854.  Every  court,  before  -whom  an}'  person  shall  be  convicted 
of  an  offence,  less  than  felony,  may,  in  addition  to  the  penalty  pre- 
scribed by  law,  require  such  convict  to  enter  into  recognizance,  in  a 
reasonable  sum,  with  or  without  security,  to  keep  the  peace,  and  to  be 
of  good  behavior,  for  any  time  not  longer  than  two  years,  and  may 
order  such  person  to  stand  committed,  until  such  recognizance  be  ex- 
ecuted. 

§  2863.  Offenses,  for  which  no  penalty  is  provided  in  this  code,  or 
indictable,  as  at  common  law,  shall  be  punished  by  fine,  in  any  sum 
not  more  than  five  hundred  dollars,  and  imprisonment  in  the  county 
jail,  for  a  term  not  more  than  six  months. 

§  2867.  In  all  petty  misdemeanors,  except  those  committed  by  or 
on  any  officer  or  minister  of  justice,  if  the  party  complaining,  or  in- 
jured, shall  appear  before  the  court  where  the  same  shall  be  pending, 
and  acknowledge  to  have  received  satisfaction  therefor,  the  court,  in 
its  discretion,  may  discharge  the  defendant,  and  dismiss  the  proceed- 
ings, upon  payment  of  all  costs. 

g  2873.  AH  bonds  and  recognizances  taken  in  criminal  cases, 
whether  they  shall  describe  the  offense  actually  committed  or  not,  shall 
have  the  effect  to  hold  the  party  bound  thereby,  to  answer  to  such 
offense  as  he  may  have  tictually  committed,  and  shall  be  valid  for  that 
purpose,  until  he  be  discharged  by  the  court. 

^  2877,  When  a  prisoner  shall  be  brought  before  any  conservator 
of  the  peace,  charged  with  the  commission  of  an  indictable  offense, 
and  when,  in  the  course  of  the  investigation,  it  shall  appear  to  such 
conservator,  that  the  prisoner  was  insane,  when  the  offense  was  com- 
mitted, and  still  is  insane,  he  shall  not  be  discharged ;  but  such  con- 
servator of  the  peace  shall  remand  the  prisoner  to  custody,  and  forth- 
with report  the  case  to  the  chancellor  of  the  proper  county,  whose  duty 
it  shall  be  to  proceed  with  the  case,  according  to  the  directions  con- 
tained in  the  chapter  and  article  of  the  chancery  court  law  relating  to 
persons  non  compos  mentis. 


Penal  Lcaus— Counterfeiting.  261 

jj  2880.  Wherever,  in  tlie  criminal  laws  of  this  state,  the  male 
gender  is  named,  it  shall  include  the  feminine,  and  vice  ver.sd,  when 
applicable.  The  singular  sliall  include  the  plural,  in  all  applicable 
cases. 

^  2881.  Every  person  charged  with  any  offense,  committed  in 
another  state,  territory,  or  country,  may  plead  a  former  conviction  or 
acquittal,  for  the  same  offense,  iu  such  other  state,  territory,  or  country; 
and  if  such  plea  be  established,  it  shall  be  a  bar  to  any  further  pro- 
ceedings for  the  same  offense  here. 

j<  2882.  Where  a  defendant  is  acquitted  of  a  criminal  charge,  upon 
trial,  on  the  ground  of  a  variance  between  the  indictment  and 
proof,  or  upon  an  exception  to  the  form  or  substance  of  the  indictment 
or  record,  he  may  be  tried  and  convicted,  upon  a  subsequent  indict- 
ment, for  the  offense  actually  committed,  notwithstanding  such  acquit- 
tal ;  and  it  shall  be  the  duty  of  the  court  to  order  the  accused  into  the 
custody  of  the  proper  officer. 

i^  2887.  Every  person  who  shall  design  and  endeavor  to  commit 
any  offense,  and  shall  do  any  overt  act  toward  the  commission  thereof, 
but  shall  fail  therein,  or  shall  be  prevented  from  committing  the  same, 
on  conviction  thereof,  shall,  in  case  where  no  provision  is  made  by  law, 
for  the  punishment  of  such  offense,  be  punished  as  follows  :  If  the 
offense  attempted  to  be  cominttted  is  capital,  such  offense  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary,  not  exceeding  ten  years ;  if 
the  offense  attempted,  be  punishable  by  imprisonment  in  the  peniten- 
tiary, or  by  fine  and  imprisonment  in  the  county  jail,  then  the  attempt 
to  commit  such  offense  shall  be  punished  for  a  period,  or  for  an  amount 
not  greater  than  is  prescribed  for  the  actual  commission  of  the  offense 
so  attempted,  in  the  discretion  of  the  court. 

g  2888.  It  shall  be  the  duty  of  all  grand  jurors,  justices  of  the 
peace,"  constables,  coroners,  members  of  the  board  of  county  supervi- 
sors, sheriffs,  and  all  other  civil  or  peace  officers  of  the  county,  without 
delay,  to  give  information  against,  and  prosecute  every  person  who 
shall  be  guilty  of  a  violation  of  any  of  the  penal  laws  of  this  state,  and 
all  necessary  costs  and  expenses  incurred  therein,  shall  be  paid,  on  due 
pro^f  thereof,  Out  of  the  state  treasury,  if  the  dofendaut  is  acquitted, 
or  unable  to  pay  the  same. 

;<  2504.  It  shall  be  sufficient,  in  an  indictment  under  this  article,  to 
charge  that  the  defendant  did  pass,  or  issue,  or  circulate,  as  money,  or 
as  a  substitute  for  money,  a  note,  bill,  certificate,  or  other  evidence  of 
debt  whatever,  not  being  United  States  currency,  or  national  bank 
notes,  under  the  value  of  five  dollars,  in  violation  of  the  provisions  of 
this  article,  without  further  describing  said  evidence  of  debt  or  liability 
than  by  its  usual  name.  And  proof  that  such  defendant  did  pass, 
issue,  or  circulate  as  money,  or  as  a  substitute  for  money,  any  note,  bill, 
certificate,  or  other  evidence  of  debt  or  liability  whatever,  of  the  char- 
acter or  denomination  prohibited  by  this  article,  shall  be  prima  facie 
evidence  of  the  truth  of  such  charge. 

v;  2510.  When  the  right  of  property,  in  any  unmarked  animal, 
shall  be  in  doubt,  any  person  bona  ^p'de  claiming  the  title  to  the  same, 
may  call  in  two  or  more  of  the  neighbors  nearest  to,  and  adjoining  the 


262  Duels,  Escapes  from  Prisoji. 

range  where  such  animal  usually  ruus,  and  in  tlieir  presence,  and  with 
their  approbation,  may  mark  or  brand  such  animal. 

§  2519.  Upon  the  trial  of  any  indictment,  for  any  offense  specified 
in  sections  two  thousand  five  hundred  and  eighteen  and  two  thousand 
five  hundred  and  nineteen,  of  this  article,  it  shall  not  be  necessary  to 
prove  the  conviction  of  any  offender,  for  the  offense  in  relation  to  which 
anv  agreement  or  understanding,  therein  prohibited,  shall  have  been 
made. 

§  2532.  If  any  person  shall  give  or  accept  such  challenge,  or 
knowingly  carr^-  or  deliver  such  challenge,  or  the  acceptance  thereof, 
or  be  second  of  either  party  to  any  duel,  such  person  shall,  on  con- 
hictlon,  be  incapable  of  liokling  or  being  elected  to  an}-  post  of 
vonor,  pjrofit,  or  emolument,  civil  or  military,  under  the  constitution 
and  laws  of  this  state  ;  and  the  apijointment  of  any  such  person  to 
office,  as  also  all  votes  given  to  any  such  person,  are  hereb}'  declared 
illegal,  and  none  of  the  votes  given  to  such  person,  for  any  office, 
shall  be  taken  or  counted. 

§  2535.  If  any  person  shall  offend  against  any  of  the  provisions 
of  this  article,  such  person  shall  be  a  competent  witness  against  any 
other  person  offending  in  the  same  transaction,  and  ma^'  be  com- 
pelled to  appear  and  give  evidence,  in  the  same  manner  as  other 
witnesses  ;  but  the  testimony  so  given  shall  be  statutory  pardon  for 
any  oifense  against  the  provisions  of  this  article,  and  shall  not  be 
used  in  any  prosecution  or  proceeding,  civil  or  criminal,  against  the 
person  so  testifying,  and  ma}^  be  plead  as  a  defense  in  any  prosecu- 
tion against  him,  made  under  this  article,  for  that  offense. 

§  2558.  If  any  prisoner,  confined  in  a  county  jail,  or  in  the  peni- 
tentiary, for  a  criminal  oftense,  shall  escape  therefrom,  he  ma}'  be 
pursued^  retaken,  and  imprisoned  again,  notwithstanding  the  term 
for  which  he  was  sentenced  to  be  imprisoned,  may  have  expired  at 
the  time  he  shall  be  retaken,  and  sh'-ll  remain  so  imprisoned  until 
tried  for  such  escape,  or  until  discharged,  on  a  failure  to  prosecute 
therefor. 

§  2650.  Every  offense  prohibited  in  section  2649,  may  be  tried, 
either  in  the  county  where  the  same  may  have  been  committed,  or 
in  any  county  into,  or  through  which,  any  person  so  kidnapped  or 
confined,  shall  have  been  taken,  while  under  such  confinement. 

§  2651.  Upon  the  trial  of  any  such  offense,  the  consent  of  the 
person  so  kidnapped  or  confined,  shall  not  be  a  defense,  unless  it 
appear  satisfactorily  to  the  jury,  that  such  consent  was  not  extorted 
by  threats  or  duress. 

§  2571.  Every  person  who  shall  be  convicted  of  having  forged, 
counterfeited,  or  falsely  altered  any  will  of  real  or  personal  property, 
or  any  deed  or  other  instrument,  being  or  purporting  to  be  the  act  of 
another,  by  which  any  right  or  interest  in  real  or  personal  property 
shall  be,  or  purport  to  be,  transferred,  conve3'ed,  or  in  any  way 
changed  or  affected,  or  any  certificate  or  endorsement  of  the  acknowl- 
edgment of  any  person,  of  any  deed  or  other  instrument,  which,  by 
law,  may  be  recorded,  made,  or  purporting  to  have  been  made,  by 
any  ofticer  duly  authorized  to  make  such  certificate  or  endorsement, 


Forgery —  Counterfeiting.  263 

or  any  certilicate  of  the  proof  of  aii}'  deed  or.  other  instrument, 
which,  by  law,  may  Ije  recorded,  made,  or  jiurijortini;  to  have  been 
made,  liy  any  olllcer  duly  authorized  to  make  such  certiDcate,  witli 
intent  to  defraud,  shall  be  adjudged  guilty  of  forgery. 

,^  2572.  Every  person  who  shall  be  convicted  of  having  forged, 
counterfeited,  or  falsely  altered,  any  certilicate  or  other  public  secu- 
rity, issued,  or  purporting  to  have  been  issued,  under  the  authority 
of  this  state,  by  virtue  of  any  law  thereof,  by  which  certificate  or 
otlier  public  security,  the  payment  of  any  money,  absolutely  or  upon 
contingency,  shall  be  promised,  or  the  receipt  of  any  money,  goods, 
or  valuable  thing,  shall  be  acknowledged,  or  any  certificate  of  any 
share,  right  or  interest,  in  any  public  stock,  created  by  virtue  of  an}^ 
law  of  tins  state,  issued,  or  purporting  to  have  been  issued,  by  any 
public  officer,  or  any  other  evidence  of  any  debt  or  liability  of  this 
state,  either  absolute  or  contingent,  issued,  or  purjjorting  to  have 
been  issued,  by  any  public  officer,  or  any  endorsement  or  other 
instrument,  transferring,  or  purporting  to  transfer,  the  right  or 
interest  of  any  holder  of  an}^  such  certificate,  public  security,  cer- 
tificate of  stock,  evitlence  of  debt  or  liability,  or  of  any  person 
entitled  to  such  right  or  interest,  with  intent  to  defraud  this  state, 
or  any  public  ofiiccr  thereof,  or  any  other  person,  shall  be  adjudged 
guilty  of  forgery. 

§  2573.  Every  person  who  shall  forge  or  counterfeit  the  great 
seal  of  this  state,  the  seal  of  any  public  oflice,  authorized  by  law, 
the  seal  of  any  court  of  record,  including  the  seal  of  the  court  of 
chancery,  and  the  seal  of  the  board  of  county  supervisors,  or  the 
seal  of  any  body  corporate,  duly  incorporated  by  or  under  the  laws 
of  this  state,  or  who  shall  falsely  forge  or  counterfeit  any  impression, 
purporting  to  be  the  impression  of  any  such  seal,  with  intent  to 
defraud,  shall,  upon  conviction,  be  adjudged  guilty  of  forgerv. 

§  2574.  Ever}'  person  who,  with  intent  to  defraud,  shall  falsel}' 
alter,  destro}',  corrupt  or  falsify  any  record  of  any  will,  conveyance, 
or  other  instrument,  the  record  of  which  shall,  by  law,  be  evidence, 
or  any  record  of  any  judgment  or  decree  of  a  court  of  record,  or  the 
enrollment  of  any  such  judgment  or  decree,  or  the  return  of  any 
officer,  court  or  tribunal,  to  any  process  of  any  court,  or  who  shall 
falsely  make,  forge  or  alter,  any  entry  in  any  book  of  records,  or  any 
instrument  purporting  to  be  any  such  record  or  return,  with  intent  to 
defraud,  shall,  upon  conviction,  be  adjudged  guilty  of  forgery. 

§  2575.  If  any  officer,  authorized  to  take  the  proof  or  acknowl- 
edgment of  an}^  conve3'ance  of  real  or  personal  estate,  or  of  any 
other  instrument  which,  by  law,  may  be  recorded,  shall  wilfulh'  and 
falsely  certify  that  any  such  conveyance  or  instrument  was  acknowl- 
edged by  any  party  thereto,  when  in  truth  no  such  acknowledgment 
was  made,  or  that  any  such  conveyance  or  instrument  was  proved, 
when  in  truth  no  such  proof  was  made,  he  shall,  upon  conviction, 
be  adjudged  guilty  of  forgery. 

g  257(3.  Every  person  who  shall  be  convicted  of  having  counter- 
feited any  of  the  gold  or  silver  coins  which  shall  be  at  the  time  cur- 
rent, by  custom  or  usage,  within  this  state,  shall  be  adjudged  guilt}' 
of  forcrerv. 


261  Forgery —  Counterfeiting. 

§  2577.  Eveiy  person  who  shall  be  convicted  of  having  counter- 
feited any  gold  or  silver  coin,  of  any  foreign  government  or  country', 
with  the  intent  of  exporting  the  same,  to  injure  or  defraud  any  for- 
eign government,  or  the  subjects  thereof,  shall  be  deemed  guilty  of 
forgery. 

§  257S.  Every  person  who  shall  be  convicted  of  having  made  or 
engraved,  or  having  caused  or  procured  to  be  made  or  engraved,  any 
plate  in  tiie  form  or  similitude  of  any  promissor}^  note,  bill  of  ex- 
change, draft,  check,  certificate  of  deposit,  or  other  evidence  of  debt, 
issued  by  an}'  incorporated  bank  in  this  state,  or  by  any  bank  incor- 
porated under  the  laws  of  the  United  States,  or  of  an}^  state  or  terri- 
tory, or  under  the  laws  of  any  foreign  country  or  government,  witli- 
out  the  authority  of  such  bank,  or  of  having  or  keeping  in  his  cus- 
tody or  possession,  any  such  plate,  without  the  authority  of  such 
bank,  with  the  intent  of  using  or  having  the  same  used,  for  the  pur- 
pose of  taking  therefrom  any  impression,  to  be  passed,  sold  or  altered^ 
or  of  having  made,  or  caused  to  be  made,  or  having  in  his  custody 
or  possession,  any  plate  upon  which  shall  be  engraved  any  figures  or 
words,  which  ma}'^  be  used  for  the  purpose  of  falsel}'^  altering  any 
evidence  of  debt,  issued  by  an}' such  incorporated  bank,  with  the 
intent  of  having  the  same  used  for  such  purpose,  or  of  having  or 
keeping  in  his  custody  or  possession,  without  the  authority  of  such 
bank,  any  impression  taken  from  any  such  plate,  with  intent  to  have 
the  same  filled  up  and  completed,  for  the  purpose  of  being  passed, 
sold  or  uttered,  shall  be  adjudged  guilty  of  forgery. 

§  2579.  Every  plate  specified  in  the  last  section  shall  be  deemed 
to  be  in  the  form  and  similitude  of  the  genuine  instrument  imitated,, 
in  either  of  the  following  cases:  when  the  engraving  on  such  plate 
resembles,  and  is  intended  to  conform  to  such  parts  of  the  genuine 
instrument  as  are  engraved;  or  when  such  plate  shall  be  partly  fin- 
ished, and  the  part  so  finished  resembles,  and  isjntended  to  conform 
to  similar  parts  of  the  genuine  instrument. 

§  2580.  Every  person  who  shall  be  convicted  of  having  sold, 
exchanged  or  delivered,  for  any  consideration,  any  forged  or  coun- 
terfeited promissory  note,  check,  bill,  draft,  or  other  evidence  of 
debt,  or  engagement  for  the  payment  of  money,  absolutely,  or  upon 
contingency,  knowing  the  same  to  be  forged  or  countefeited,  with 
the  intent  to  have  the  same  uttered  or  passed,  or  of  having  offered 
any  such  notes  or  other  instruments  for  sale,  exchange  or  delivery, 
for  any  consideration,  with  the  like  knowledge  and  like  intention, 
or  of  having  received  any  such  note  or  other  instrument,  upon  a 
sale,  exchange  or  delivery,  for  any  consideration,  with  the  like 
knowledge,  and  with  the  like  intention,  shall  be  adjudged  guilty  of 
forgery. 

§  2581.  Every  person  who,  with  the  intent  to  injure  or  defraud, 
shall  falsely  make,  alter,  forge  or  counterfeit  any  instrument  or 
writing,  being  or  purporting  to  be,  any  process  issued  by  any  com- 
petent court,  magistrate  or  officer,  or  Ijcing  or  purporting  to  be,  any 
pleading  or  proceeding,  filed  or  entered  in  any  court  of  law  or 
equity,  or  being,  or  purporting  to  be,  any  certificate,  order  or  allow- 


Forgery —  Counterfeiting.  ^^^ 

ancc,  b}'  any  competent  court  oi-  officer,  or  being,  or  purporting  to 
be,  any  license  or  autliorit}',  a<ithorized  by  any  statute,  or  any  in- 
strument or  Avriting,  being,  or  pur[)orting  to  be,  the  act  ot  anotlier, 
by  wliicii  any  pecuniary  demand  or  obbgation  shall  ])e,  or  shall 
■purport  to  be,  created,  increased,  discharged  or  diminished,  or  b}' 
which  any  right  or  property  whatever,  shall  l)e,  or  purport  to  be, 
transferred,  conveyed,  discharged,  diminished,  or  in  an\^  manner 
afl'ected,  b}^  which  false  making,  forging,  altering  or  counterfeiting, 
any  person  may  be  affected,  bound,  or  in  any  way  injured  in  his 
person  or  property,  shall  be  adjudged  guilty  of  forgery. 

g  25S2.  Every  person  who,  with  intent  to  defraud,  shall  make  any 
false  entr}',  or  shall  falsely  alter  aiiy  entry  made  in  any  book  of 
accounts,  kept  in  the  office  of  the  auditor  of  public  accounts,  of  this 
state,  or  in  the  office  of  the  treasurer  of  this  state,  or  in  the  office 
of  any  county  treasurer,  or  in  any  other  public  office,  by  which  any 
demand,  or  obligation,  claim,  right  or  interest,  either  against  or  in 
favor  of  this  state,  or  any  county  or  town,  or  any  individual,  shall 
be,  or  purport  to  be  discharged,  diminished,  increased,  created,  or  in 
any  manner  affected,  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  forgery. 

§  2583.  Every  person  who,  with  intent  to  detraud,  shall  make 
any  false  entry,  or  shall  falsely  alter  any  entry  made,  in  any  book 
of  accounts  kept  by  any  moneyed  corporation  within  this  state,  or 
in  any  book  of  accounts  kept  by  any  corporation  or  its  officers,  and 
to  be  delivered,  or  intended  to  be  delivered,  to  any  person  dealing 
with  such  corporation,  hy  which  any  pecuniary  obligation,  claim  or 
credit,  shall  be,  or  shall  purport  to  be,  discharged,  diminished,  in- 
creased, created,  or  in  any  manner  att'ected,  shall  be  adjudged 
guilty  of  forgery. 

§  2584.  Every  person  who  shall  have  in  his  possession  any 
forged,  altered  or  counterfeited  negotiable  note,  bill,  draft,  or  other 
evidence  of  debt,  issued,  or  purporting  to  have  been  issued,  by  any 
corporation  or  company,  duly  authorized  for  that  purpose,  b}"  the 
laws  of  the  United  States,  or  of  this  state,  or  of  any  other  state, 
government  or  country,  or  any  other  forged,  altered  or  counterfeit 
instrument,  the  forgery  of  which  is  hereinbefore  declared  to  be 
punishable,  knowing  the  same  to  be  forged,  altered  or  counterfeited, 
with  intention  to  utter  the  same  as  true,  or  as  false,  or  to  cause  the 
same  to  be  so  uttered,  with  intent  to  injure  or  defraud,  shall  also  be 
adjudged  guilty  of  forgery. 

>^  2585.  Every  person  who  shall  have  in  his  possession  an^^  coun- 
terfeit of  any  gold  or  silver  coin,  which  shall  be  at  the  time  current 
in  this  state,  knowing  the  same  to  be  counterfeited,  with  intention 
to  defraud  or  injure  by  nttering  the  same,  as  true  or  false,  or  by 
causing  the  same  to  be  so  uttered,  shall  be  adjudged  guilty  of  for- 
gery- 

^  2586.     Every  person  v»dio  shall  be  convicted  of  having  uttered 

or  published  as  true,  and  with  intent  to  defraud,  any  forged,  altered 
or  counterfeit  instrument,  or  any  counterfeit  gold  or  silver  coin,  the 
forgery,  altering  or  counterfeiting  of  which  is  hereinbefore  declared 


266  Forgery — Counterfeiting. 

to  be  an  offense,  knowing  such  instrument  or  coin  to  be  forged, 
altered,  or  counterfeited,  shall  suffer  the  punishment  herein  pro- 
vided for  forgery. 

§  2587.  If  any  person  shall,  with  intent  to  injure  or  defraud, 
make  any  instrument  in  his  own  name,  intended  to  create,  increase, 
discharge,  defeat  or  diminish,  any  pecuniary  obligation,  right  or 
interest,  or  to  transfer  or  affect  any  property  whatever,  and  shall 
utter  and  pass  it,  under  the  pretense  that  it  is  the  act  of  another 
who  bears  the  same  name,  he  shall,  upon  conviction,  be  adjudged 
guilty  of  forgery,  in  the  same  degree  as  if  he  had  forged  the  instru 
ment  of  a  person  bearing  a  different  name  from  his  own. 

§  2589.  The  total  erasure,  obliteration,  or  destruction  of  any  in- 
strument or  writing,  with  the  intent  to  defraud,  by  which  any  pecuniary 
obligation,  or  any  right,  interest,  or  claim  to  property,  shall  be,  or 
shall  be  intended  to  be,  created,  increased,  discharged,  diminished,  or 
in  any  manner  affected,  shall  be  deemed  forgery,  in  the  same  manner, 
and  in  the  same  degree,  as  the  false  alteration  of  any  part  of  such  in- 
strument or  writing. 

§  2590.  When  different  parts  of  several  genuine  instruments  shall 
be  so  placed  or  connected  together,  as  to  produce  one  instrument,  with 
intent  to  defraud,  the  same  shall  be  deemed  forgery,  in  the  same  man- 
ner as  if  the  parts,  so  put  together,  were  falsely  made  or  forged. 

§  2591.  Every  instrument,  partly  written  and  partly  printed,  or 
wholly  printed,  with  a  written  signature  thereto  and  every  signature 
of  an  individual,  firm,  or  corporate  body,  or  of  any  otiicer  of  such 
body,  and  every  writing  purporting  to  be  such  signatures,  shall  be 
deemed  a  writing,  and  a  written  instrument,  within  the  meaning  of  the 
provisions  of  this  chapter. 

§  2592.  Whrnever,  by  any  of  the  foregoing  provisions,  an  intent 
to  defraud  is  required  to  constitute  forgery,  it  shall  be  sufficient  if  such 
intent  appear,  to  defraud  the  United  States,  any  state  or  territory,  any 
body  corporate,  city,  town  or  village,  or  any  public  officer  in  his  official 
capacity,  any  copartnership,  or  any  one  of  such  partners,  or  any  real 
person  whatever. 

§  2593.  The  false  making,  forging  or  counterfeiting,  of  any  evi- 
dence of  debt,  issued,  or  purporting  to  have  been  issued,  by  any  cor- 
poration having  authority  for  that  purpose,  to  which  shall  be  affixed 
the  pretended  signature  of  any  person,  as  an  agent  or  officer  of  such 
corporation,  shall  be  deemed  forgery,  in  the  same  manner  as  if  such 
person  was,  at  the  time,  an  officer  or  agent  of  such  corporation,  not- 
withstanding there  never  was  any  such  person  in  existence. 

§  2594.  If  any  person  shalffalsely  or  fraudulently  make,  forge  or 
alter  any  writing,  being,  or  pretending  to  be,  an  auditor's  warrant  on 
the  state  treasury,  or  any  order  or  warrant  on  the  treasury  of  this  state, 
or  the  treasury  of  the  United  States,  or  any  county,  or  any  incorporated 
city  or  town,  with  intent  to  defraud  the  state,  or  any  county,  incor- 
porated city  or  town,  or  any  person,  he  shall  be  deemed  guilty  of 
forgery. 

,!^  2608.  In  all  indictments,  under  the  provisions  of  this  article, 
it  shall   be  sufficient  to  charge  the  general   name  or  description  of 


Betting— Gaming.  267 

the  game  at  wliich  the  defendant  may  have  played,  without  setting 
fortli  or  describing,  with  or  against  wliom  he  may  liave  iDet  or  played  ; 
and  no  exception  shall  be  sustained  to  any  sucli  indictment,  for  any 
defect  or  want  of  form,  but  the  court  sliall  proceed  to  give  judg- 
ment, according  to  the  very  right  of  the  case.  And  in  addition  to 
the  penalties  hereinbefore  provided,  it  shall  be  the  duty  of  the  jury 
to  find,  in  their  verdict,  the  amount  won,  and  it  shall  be  the  duty  of 
the  court  to  enter  up  judgment  against  the  winning  part}',  for  the 
amount  so  won,  to  be  collected  as  other  fines,  and  to  be  appropriated 
for  the  use  of  common  schools. 

g  2609.  Betting  upon  any  horse  race,  or  shooting  match,  shall 
not  be  indictable. 

§  260B.  All  moneys  exhibited  for  the  purpose  of  betting,  or 
alluring  persons  to  bet  at  any  game,  and  all  moneys  staked  or  betted, 
shall  be  liable  to  seizure,  by  an}-  justice  of  the  peace  of  the  county  in 
which  such  ollence  shall  be  committed,  or  by  any  other  person,  under 
a  warrant  from  such  justice  or  other  peace  officer;  and  all  such 
moneys,  so  seized,  shall  be  accounted  for  by  the  i:)erson  making  the 
seizure,  to  the  justice  of  the  peace,  or  other  oflicer  issuing  such 
warrant,  and  be  paid  by  him  into  the  treasury  of  the  count}',  de- 
ducting thereout  fifty  per  centum  upon  all  mone\-s  so  seized,  to  the 
person  making  the  said  seizure. 

^  2610.  All  laws  made,  or  to  be  made,  for  the  sui)pression  of 
gaming,  are  hereby  declared  to  be  remedial,  and  not  penal  statutes, 
and  shall  be  so  construeil  by  the  courts. 

§  2611.  On  the  trial  of  all  indictments,  under  the  provisions  of 
this  article,  the  district  attorney  shall  not  be  confined,  in  the  proof, 
to  a  single  violation,  but  under  the  indictment  charging  a  single 
offence,  may  give  in  evidence  any  one  or  more  offences,  of  the  same 
character,  committed  anterior  to  the  day  laid  in  the  indictment,  and 
not  barred  by  the  statute  of  limitations  ;  provided,  that  in  such  case, 
after  conviction  or  acquittal  on  the  merits,  the  accused  sliall  not  be 
again  liable  to  prosecution  for  any  otlence  of  the  same  character, 
committed  anterior  to  the  day  laid  in  such  indictment. 

§  2612.  It  shall  be  the  duty  of  the  sherifTi,  coroners,  justices, 
constables,  and  all  other  civil  officers  of  the  county,  when  they 
know,  or  have  reason  to  suspect,  any  person  to  be  guilty  of  a  viola- 
tion of  the  provisions  of  this  article,  to  apprehend,  or  cause  to  be 
seized,  such  person,  with  or  without  warrant,  and  to  bring  him  be- 
fore some  oflicer  having  jurisdiction  thereof,  and  to  appear  and  prose- 
cute such  offender  at  the  next  term  of  the  circuit  court. 

i^  2G63.  Whenever  it  shall  appear  to  any  court  of  record,  that 
any  witness  or  i)arty,  who  has  been  legally  sworn  or  examined  in 
any  case,  matter  or  proceeding,  pending  before  the  court,  has  testi- 
fied in  such  manner  as  to  induce  a  reasonable  presumption  that  he 
has  willfully  and  corruptly  testified  falscl}',  to  some  material  point 
or  matter,  such  court  may  immediatel}'  commit  such  party  or  wit- 
ness, by  an  order  or  process  for  that  purpose,  to  prison,  or  take  re- 
cognizance, with  sureties,  for  his  appearing  and  answering  to  an  in- 
dictment for  perjury. 


268  Perjury,  Rohhery,  Killing. 

§  2664.  Such  court  shoJl  thereupon  bind  over  the  witnesses  to 
establish  such  perjur}',  to  appear  at  tlie  proper  court,  to  testify  be- 
fore the  grand  jury,  and  on  tlie  trial,  in  case  an  indictment  be  found 
for  such  perjury. 

§  2667.  In  all  prosecutions  against  any  person,  for  willful  and 
corrupt  perjury,  it  shall  be  sufficient  to  set  forth  the  substance  of 
the  offence  charged  upon  the  defendant,  and  before  what  court,  or 
before  whom  the  oath  or  affirmation  was  taken  ;  averring  such  court, 
or  person,  to  have  competent  authority  to  administer  the  same, 
together  with  proper  averments  to  falsify  the  matter  wherein  the 
perjury  is  assigned,  without  setting  forth  the  bill,  answer,  informa- 
tion, indictment,  declaration,  or  an\^  part  of  any  record,  or  proceed- 
ing, either  in  law  or  equity,  other  than  as  aforesaid,  and  without 
setting  forth  the  commission  or  authority  of  the  court,  or  the  com- 
mission or  authority  of  the  person  before  whom  the  ])erjurv  was 
committed. 

§  266S.  In  all  prosecutions  for  subornation  of  perjury,  or  for  cor- 
rupt bargaining,  or  contracting  with  others  to  commit  willful  and 
corrupt  perjury-,  it  shall  ])e  sufficient  to  set  forth  the  substance  of 
the  otlence  charged  npon  the  defendant,  without  setting  forth  the 
bill,  answer,  information,  indictment,  or  declaration,  or  any  part  of 
the  record  or  proceeding,  either  in  law  or  equity,  and  without  set- 
ting forth  the  commission  or  authority  of  the  court  or  person  be- 
fore whom  the  perjury  was  committed,  or  was  agreed,  or  promised 
to  be  committed. 

§  2674.  Every  person  who  shall  be  convicted  of  feloniously 
taking  the  personal  property  of  another  in  his  presence,  or  from 
his  person,  and  against  his  will,  by  violence  to  his  person,  or  by 
putting  such  person  in  fear  of  some  immediate  injury-  to  his  person, 
shall  be  adjudged  guilty  of  robbery. 

^  2675.  Every  person,  who  shall  be  convicted  of  feloniously 
taking  the  personal  property  of  another,  in  his  presence,  or  from 
his  person,  which  shall  have  been  delivered  or  suffered  to  be  taken, 
through  fear  of  some  injur}-,  threatened  to  be  iuflicted  at  some  dif- 
ferent time,  to  his  person  or  propert}',  or  to  the  person  of  any  rela- 
tive or  member  of  his  family,  which  fear  shall  have  been  produced 
by  the  threats  of  the  person  so  receiving  or  taking  such  property, 
shall  be  adjudged  guilty  of  robbery. 

§  2655.  If  any  person  shall  sever  from -the  soil  of  another,  any 
produce  growing  thereon,  or  shall  sever  from  any  building,  gate,  fence, 
railing  or  other  improvement  or  enclosure,  any  part  thereof,  and  shall 
take  and  convert  the  same  to  his  own  use,  with  intent  to  steal  the  same, 
he  shall  be  deemed  guilty  of  larceny,  in  the  same  manner,  and  of  the 
same  degree,  as  if  the  article  so  taken  had  been  severed  at  some  pre- 
vious and  different  time. 

^  2628.  The  killing  of  a  human  being,  without  the  authority  of 
law,  by  any  mears,  or  in  any  manner,  shall  be  murder  in  the  following 
cases  :  when  done  with  a  deliberate  design  to  effect  the  death  of  the 
person  killed,  or  of  any  human  being;  when  done  in  the  coraraissioh 
of  an  act  eminently  dangerous  to  others,  and  evincing  a  depraved  heart. 


Dueling — Manslaughter.  260 

regardless  of  humuu  life,  althoug!i  without  any  premeditated  design  to 
effect  tlie  death  of  any  particular  individual;  when  done,  w^ithout  any 
design  to  effect  death,  l)y  any  person  engaged  in  the  commission  of  the 
crime  of  rape,  Ijurglarv,  ai'son,  or  robbery,  or  in  any  attenij)t  to  com- 
mit such  felonies. 

§  2629.  j^very  person  who  shall,  by  j)rtvi(^us  a])pointment,  agree- 
ment, or  understanding,  fight  a  duel,  without  the  jurisdiction  of  this 
state,  and  in  so  doing  shall  inllict  a  wound  U])on  his  antagonist,  or  any 
other  person,  whereof  the  person  thus  injured  shall  die  within  this 
state,  and  every  second  engaged  in  such  duel,  shall  be  deemed  guilty 
of  murder  in  this  state,  and  mav  be  indicted,  tried  and  convicted,  in 
the  county  where  such  death  shall  happen. 

§  2631.  The  killing  of  a  human  being,  by  the  act,  procurement  or 
omission  of  another,  shall  be  justifiable  in  the  following  cases:  when 
committed  by  public  officers  or  those  acting  l)y  their  command,  in  their 
aid  and  assistance,  in  obedience  to  any  judgment  of  a  competent  court; 
or  when  necessarily  committed  in  overcoming  actual  resistance  to  the 
execution  of  some  leg;d  process,  or  to  the  discharge  of  any  other  legal 
duty  ;  or  when  necessarily  committed  in  re-taking  any  felon  who  has 
been  rescued,  or  has  escaped;  or  when  necessarily  committed  in  arrest- 
ing any  felon  fleeing  from  justice  ;  such  homicide  shall  also  be  justifia- 
ble when  committed  by  any  person,  in  resisting  any  attempt  unlawfully 
to  kill  such  person,  or  to  commit  any  felony  upon  him,  or  upon,  or  in 
any  dwelling  house  in  which  said  person  shall  be  ;  or  when  committed 
in  the  lawful  defence  of  such  person,  or  any  other  human  being,  where 
there  shall  be  reasonable  ground  to  apprehend  a  design  to  commit  a 
felony,  or  to  do  some  great  personal  injury,  and  there  shall  be  immi- 
nent danger  of  such  design,  been  accomplished;  or  when  necessarily 
committed  in  attempting,  by  lawful  ways  and  means,  to  apprehend  any 
person  for  any  felony  committed;  or  in  lawfully  suppressing  any  riot, 
or  in  lawfully  keeping  and  preserving  the  peace. 

§  2632.  The  killing  of  a  human  being,  by  the  act,  procurement,  or 
omission  of  another,  shall  be  excusable,  v/hen  committed  by  accident 
and  misfortune,  in  lawfully  correcting  a  child  or  apprentice,  or  in  doing 
any  other  lawful  act,  by  lawful  means,  with  usual  and  ordinary  caution, 
and  without  any  unlawful  intent;  or  by  accident  or  misfortune,  in  the 
heat  of  passion,  upon  any  sudden  and  sufficient  provocation  ;  or  upon 
any  sudden  combai,  without  any  undue  advantage  being  taken,  and 
without  any  dangerous  weapon  being  used,  and  not  done  in  a  cruel  or 
unusual  manner. 

§  2033.  The  killing  of  a  human  being  without  malice,  by  the  act, 
procurement  or  culpable  negligence  of  another,  while  such  other  is 
engaged  in  the  perpetration  of  any  felony,  except  rape,  burglary,  arson 
or  robbery,  or  while  such  other  is  attempting  to  commit  any  felony  be- 
sides such  as  are  above  enumerated  and  excepted,  shall  be  deemed 
manslaughter;  or  the  killing  of  a  human  being,  without  malice,  by 
the  act,  procurement,  or  culpable  negligence  of  another,  while  such 
other  is  engaged  in  the  perpetration  of  any  crime  or  misdemeanor,  not 
amounting  to  felony  ;  or  in  the  attempt  to  perpetrate  any  crime  or  mis- 
demeanor, in  case  such  killing  would  be  murder  at  common  law,  shall 
be  deemed  manslaughter. 


270  Manslaughter. 

§  2634.  Every  pf  rson  deliberately  assisting  another  in  the  commis- 
sion of  self-murder,  shall  be  deemed  guilty  of  manslaughter. 

§  2635.  The  willful  killing  of  an  unborn  quick  child,  by  an  injury 
to  the  mother  of  such  child,  which  would  be  murder,  if  it  resulted  in 
the  death  of  the  mother,  shall  be  deemed  manslaughter. 

§  2G36.  Every  person  who  shall  administer  to  any  woman  pregnant 
with  a  quick  child,  any  medicine,  drug,  or  substance  whatever,  or 
shall  use  or  employ  any  instrument  or  other  means,  with  intent  thereby 
to  destroy  such  child,  unless  the  same  shall  have  been  necessary,  to 
preserve  the  life  of  such  mother,  or  shall  have  been  advised  by  a  physi- 
cian, to  be  necessary  for  such  purpose,  shall  be  deemed  guilty  of  man- 
slaughter. 

!^  2637.  The  killing  of  a  luiraan  being  without  malice,  in  the  heat 
of  passion,  but  in  a  cruel  or  unusual  manner,  without  authority  of  law, 
and  not  in  necessary  self-defeute,  shall  be  deemed  manslaughter. 

§  2638.  Every  person  who  shall  unnecessarily  kill  another,  either 
while  resisting  an  attempt  by  such  other  person  to  commit  any  felony 
or  to  do  any  other  unlawful  act,  or  after  such  attempt  shall  have  failed, 
shall  be  deemed  guilty  of  manslaughter. 

§  2639.  The  killing  ot  another,  in  the  heat  of  passion,  without 
malice,  by  the  use  of  a  dangerous  weapon,  without  authority  of  law, 
and  not  in  necessary  self-defense,  shall  be  deemed  manslaughter. 

§  2640.  The  involuntary  killing  of  a  human  being  by  the  act,  pro- 
curement or  culpable  negligence  of  another,  while  such  other  person 
is  engaged  in  the  commission  of  a  trespass  or  other  injury  to  private 
rights  or  property,  or  engaged  in  an  attempt  to  commit  such  injury 
shall   be  deemed   manslaughter. 

2641.  If  the  owner  of  a  mischievous  animal,  knowing  its  propen- 
sity, willfully  suffer  it  to  go  at  large,  or  shall  keep  it  without  ordinary 
care,  and  such  animal,  while  so  at  large,  or  not  confined,  kill  any  hu- 
man being,  who  shall  have  taken  all  the  precaution  which  the  circum- 
stances may  permit,  to  avoid  such  animal,  such  owner  shall  be  deemed 
guilty  of  manslaughter. 

§  2642.  Any  person  navigating  any  boat  or  vessel  for  gain,  who 
shall  willfully  or  negligently  receive  so  many  passengers,  or  such  quan- 
tity of  other  lading,  that  by  means  thereof  such  boat  or  vessel  shall 
sink  or  overset,  and  thereby  any  human  being  shall  be  drowned,  or 
otherwise  killed,  shall  be  deemed  guilty  of  manslaughter. 

§  2643.  If  any  captain,  engineer,  or  any  other  person  having  charge 
of  any  steamboat,  or  railroad  engine,  connected  with  any  car  or  cars, 
used  for  the  conveyance  of  passengers,  or  if  the  engineer  or  other  per- 
son having  charge  of  the  boiler  of  such  boat  or  engine,  or  of  any  other 
apparatus  for  the  generation  of  steam,  shall,  from  ignorance  or  gross 
neglect,  or  for  the  purpose  of  excelling  any  other  boat  in  speed,  or  for 
the  purpose  of  unusual  speed,  create,  or  allow  to  be  created,  such  an 
undue  quantity  of  steam  as  to  burst  or  break  the  boiler,  or  other  appa- 
ratus in  which  it  shall  be  generated,  or  any  apparatus  or  machinery 
connected  therewith,  or  shall  thereb}^  cause  the  said  engine  or  cars 
to  run  off  said  railroad  track,  or  trom  any  other  ignorant  or  gross 
neglect,  shall  permit  or  cause  said  cars  or  engine  to  be  thus  thrown, 


Manslaii<lhter — Timber-  Cutting.        271 


'.ia 


by  which  burstin<r,  1)rcaking,  or  runnirg  off  the  track,  as  afoiX'said, 
any  person  shall  be  killed,  every  such  captain,  engineer,  or  other 
person,  shall  be  deemed  guilty  of  manslaughter. 

§  2644.  If  any  physician,  or  other  person,  while  in  a  state  of 
intoxication,  shall,  without  a  design  to  effect  death,  administer,  or 
cause  to  be  administered,  any  poison,  drug,  or  other  medicine,  or 
shall  perform  any  surgical  operation  on  another,  which  shall  cause 
the  death  of  sucli  other  person,  he  shall  be  deemed  guilty  of  man- 
slaughter. 

^  2645.  pjvery  other  killing  of  a  human  being,  by  the  act,  pro- 
curement, or  culpable  negligence  of  another,  and  without  authority 
of  law,  not  provided  for  in  this  chapter,  shall  be  deemed  man- 
slaughter. 

§  2682.  Offenses  against  the  jjrovisions  of  this  article — (Sab- 
batli — violation  of — chai)ter  58,  article  29) — shall  be  cognizable 
before  any  justice  of  the  peace  or  the  county  where  they  ma}'  occur, 
or  by  indictment  in  the  circuit  court ;  and  the  said  offenders,  in  lieu 
of  such  fine,  ma}',  at  the  discretion  of  the  court,  be  imprisoned  in 
the  common  jail,  not  longer  than  one  week. 

§  2686.  Every  person  engaged,  or  who  shall  be  about  to  engage 
in  cutting  or  rafting  cypress,  pine,  or  ash  timber,  for  sale  or  trans- 
portation, shall  file,  in  the  chancery  clerk's  office  of  the  county 
where  he  shall  engage  in  such  business,  an  afl3davit  of  such  inten- 
tion, and  a  particular  description  of  the  tract  ot  land  from  which 
he  designs  cutting  such  timber,  and  the  authority  by  which  he  so 
intends  to  cut  such  timber,  as  well  as  the  name  of  the  person  from 
whom  he  derives  such  authority  ;  wh'ch  affidavit,  said  clerk  shall 
record  in  a  book,  to  be  called  the  '-rafting  record;"  and  such  clerk, 
for  such  service,  shall  be  entitled  to  receive  fifty  cents;  and  the 
failure  to  file  such  affidavit,  by  any  person  cutting  such  timber,  shall 
be  deemed  and  taken  as  jwirna  facie  evidence  of  the  guilt  of  such 
person,  on  any  trial  or  indictment  which  may  be  had  or  found 
against  him,  for  a  violation  of  this  article,  and  shall  subject  him, 
even  if  he  shall  prove  his  innocence  of  such  cutting,  without  per- 
mission, to  the  payment  of  the  costs  of  such  prosecution,  and  he 
may,  in  the  discretion  of  the  court,  be  ordered  to  stand  committed, 
until  such  costs  shall  be  paid, 

§  2687.  It  shall  be  the  duty  of  any  justice  of  the  peace,  in  this 
state,  on  information,  on  oath,  that  any  person  is  engaged  in  the 
violation  of  this  article  (j-^  2684  and  2685),  to  issue  his  warrant, 
directed  to  the  sheriff  or  any  constable  of  the  county,  commanding 
him  to  arrest  all  persons  found  illegally  cutting  or  rafting  such 
timber,  and  to  bring  sucli  person,  so  offending,  whether  named  in 
such  warrant  or  not,  before  some  justice  of  the  peace  of  the  county, 
to  be  dealt  with  according  to  law;  and  if  suc^  person  shall  have 
cut  any  timber,  or  made  any  raft,  contrarv  to  the  provisions  of  this 
article,  it  shall  be  the  duty  of  such  officer,  serving  such  warrant, 
to  take  possession  of  such  timber,  and  hold  the  same  subject  to  the 
order  of  such  justice.  And  should  the  said  justice,  on  examina- 
tion, be   satisfied  that   such  timber  was  illegally  cut,  such  justice 


272  Escapes — Arrests. 

shall  order  the  said  ottieer  to  sell  such  tunbor  or  raft,  and  to  pay 
over  the  proceeds  thereof  to  the  county  treasurer  ;  and  if  the 
accused  shall  be  convicted,  on  indictment  for  such  offense,  then, 
alter  deducting  the  costs,  one-half  of  the  proceeds  of  the  sale  of 
such  timber  as  may  have  been  cut  from  state  land,  shall  be  paid  to 
the  informer,  and  the  other  half  into  the  state  treasury  ;  and  iu 
case  of  lands  belonging  to  any  individual  or  corporation,  the  pro- 
ceeds of  sales  shall  be  paid  to  the  owner  of  such  land. 

§  2707.  Iu  every  criminal  prosecution  for  libel  or  actionable 
words,  it  shall  be  lawful  for  the  defendant,  upon  the  trial,  to  give 
in  evidence  in  his  defense,  the  truth  of  the  matter,  written,  spoken, 
or  published. 

§  2698.  No  indictment  under  this  article  (chapter  58,  article  32), 
shall  be  quashed  or  abated  for  want  of  form  ;  nor  shall  it  be  neces- 
sary to  aver  in  an}^  indictment  the  name  or  description  of  the  kind 
of  vinous  or  spirituous  liquors  charged  to  have  been  sold,  uor  the 
name  of  the  person  to  whom  it  was  sold. 

>^  2721.  It  shall  be  unlawful  for  any  person  or  persons  to  be,  or 
appear,  in  any  mask  or  disguise,  in  the  countr}'  or  towns,  or  in  any 
public  place  in  this  state,  or  to  prowl  or  travel  in  such  mask  or  dis- 
guise ;  2^^'ovided,  this  section  shall  not  be  so  construed  as  to  apply 
to  innocent  amusements. 

§  241.  When  any  person  accused  of  treason,  felonj',  or  other 
crime  or  misdemeanor,  shall  be  committed  to  the  jail  of  any  county, 
and  the  sheriff  shall  have  cause  to  suspect  that  such  person  or 
persons  will  attempt  to  escape,  such  sheriff  shall  apply  to  any  justice 
of  the  peace  for  the  same  count}^  who,  upon  satisfactory  proof  of 
danger  of  the  escape  of  such  prisoner,  shall  issue  his  warrant  to  the 
said  sheriff  for  a  sufiicient  guard  for  securing  such  prisoner,  so  long 
as  the  necessity  therefor  shall  continue,  and  said  guard  shall  be 
entitled  to  two  dollars  and  fifty  cents  per  da}^  to  be  paid  by  the 
county  treasurer,  on  the  certificate  of  said  sheriff. 

§  2500.  All  notes  and  other  securities,  for  the  payment  of  money 
or  other  things,  made  or  given  to  any  such  association,  institution, 
or  compau}',  that  ma}-  be  formed,  for  any  of  the  purposes  expressed 
in  the  first  section  of  this  article  (article  7,  chapter  58),  or  made  or 
given  to  secure  the  pa3'ment  of  any  money  loaned  or  discounted  by 
an}^  incorporated  company,  or  its  officers,  contrary  to  the  provisions 
of  this  article,  shall  be  void. 

ARRESTS. 

§  2773.  Arrests  for  crimes  and  offenses  may  be  made  by  any 
oilicer  acting  as  sheriff,  or  his  deputy,  or  any  constable,  marshal,  or 
policeman,  of  any  city  or  town  within  their  county,  or  by  private 
persons. 

>^  2774,  Every  person,  when  commanded  by  an  officer,  seeking 
to  arrest  an  offender,  must  obey  such  command. 

j<  2775.  Arrests  for  criminal  offenses  may  be  made  at  any  time 
or  place,  and  so,  also,  to  prevent  a  breach  of  the  peace,  or  the  com- 
mission of  a  crime. 


Arrests  Witliout  Warrant.  273 

§  2770.  An  onicei-  or  private  person  may  arrest  any  person,  witli- 
out warrant,  Tor  an  in(licta])le  offense  committed,  or  a  breacli  of  the 
peace  threatened,  or  attempted,  in  his  presence  ;  or  when  such  per- 
son has  committed  a  felony,  though  not  in  his  presence  :  or  when  a 
felony  has  been  committed,  and  he  has  reasonable  ground  to  suspect 
and  believe  the  person  proposed  to  be  arrested,  to  have  committed 
it,  or  on  a  charge  made  u[)on  reasonal)le  cause,  of  the  commission 
of  a  felony  hy  the  party  proposed  to  be  arrested.  And  in  all  cases 
of  arrests  without  warrant,  the  person  making  such  arrest,  must 
inform  the  accused  of  the  object  and  cause  of  such  arrest,  except 
when  lie  is  in  the  actual  commission  of  the  offense,  or  is  arrested  on 
pursuit. 

i<  2777.  To  make  an  arrest,  as  provided  for  in  this  ai'ticle,  any 
officer  or  private  person,  after  notice  of  his  office  and  object,  if  ad- 
mittance is  refused,  m..y  break  open  a  window  or  outer  or  inner 
door  of  any  dwelling  or  other  house,  in  which  he  has  reason  to 
believe  the  offender  may  be  fouud. 

§  2778.  If  any  offender  escape,  or  be  rescued,  the  person  from 
whose  possession  or  custody  he  escaped  or  was  rescued,  ma}'  imme- 
diately pursue  and  retake  him,  at  any  time,  and  in  any  county  in 
this   state,  without  warrant. 

J5  2779.  Everv  person  making  an  arrest,  shall  take  the  offender 
before  some  magistrate,  or  other  convenient  law  officer,  without 
unnecessary  delay,  for  examination  of  his  case. 

§  2780.  Officers  and  others,  who,  in  the  discharge  of  their  dut}', 
shall  make  arrests,  as  authorized  or  required  by  the  provisions  of 
this  article,  shall  not  be  liable,  on  account  thereof,  civilly  or  crimi- 
nally, notwithstanding  it  may  turn  out  that  the  party  arrested  was 
innocent  of  any  offense. 

§  2782.  Justices  of  the  peace,  officers  and  others,  engaged  or 
assisting  in  the  arrest  of  offenders,  shall  be  entitled  to  the  same 
fees  as  are  usual,  or  allowed  by  law  to  officers  for  similar  services, 
in  civil  cases,  to  be  allowed  by  the  court,  on  due  proof  of  the  ser- 
vices, in  the  circuit  court,  and  taxed,  collected  and  paid,  as  other 
costs  in  criminal  cases. 

§  2783.  If  any  person  be  dangerously  wounded,  the  party  ac- 
cused shall  be  committed  to  prison,  until  it  be  perfectly'  known 
whether  the  person  so  wounded  shall  recover  or  not,  unless  it  shall 
appear  to  the  court  of  inquiry  that  the  case,  in  any  event,  would 
not  amount  to  murder  ;  in  which  case,  or  in  the  event  that  the  per- 
son wounded  shall  recover,  the  offender  shall  be  recognized  to  ap- 
pear, at  the  next  term  of  the  circuit  court,  to  answer  taid  offence. 

§  2786.  Any  person,  who  shall  arrest  any  one  who  has  killed 
another,  and  is  fleeing,  or  attempting  to  flee,  before  arrest,  and  shall 
deliver  him  up  for  trial,  shall  be  entitled  to  the  sum  of  two  hundred 
dollars,  out  of  the  state  treasury,  upon  the  production  of  a  certifi- 
cate of  the  allowance  of  said  claim,  by  the  circuit  court  of  the 
proper  county. 

W'lTNESSKS    AND    EVIDENCE. 

^  771.     Witnesses   in  criminal  cases  shall   be  allowed  the  same 
18 


274:  Witnesses  and  Evideiice. 

compensation  as  in  civil  cases,  but  tlie  prosecutor  shall  not  be 
allowed  compensation  as  a  witness,  nor  shall  any  person  be  allowed 
for  his  attendance  as  a  witness  in  more  than  one  criminal  case  on 
the  same  day. 

^  2613.  Every  witness,  when  summoned,  shall  appear  and  give 
evidence  of  all  offences  against  the  provisions  oi  this  article,  of 
which  he  shall  have  any  knowledge  ;  and  such  witness,  so  sum- 
moned and  giving  evidence,  without  procurement  or  contrivance  on 
his  part,  shall  be  thereafter  exempt  from  criminal  prosecution,  for 
any  offence  against  the  provisions  of  this  article,  in  relation  to 
which  he  shall  have  so  testified,  bona  fide. 

§  2654.  If  any  person  shall  steal  any  bond,  covenant,  note,  bank- 
bill,  bill  of  exchange,  draft,  order,  receipt  or  other  evidence  of  debt, 
or  chose  in  action,  or  any  public  security  issued  by  the  United 
States,  or  any  state,  or  any  instrument  whereby  any  demand,  right 
or  obligation,  shall  be  created,  increased,  released,  extinguished  or 
diminished,  the  money  due  thereon,  or  secured  thereby,  and  remain- 
ing unsatisfied,  or  which,  in  any  event,  might  be  collected  thereon, 
or  the  value  of  the  property  transferred  or  affected  thereby,  as  the 
case  may  be,  shall  be  deemed  the  value  of  the  article  stolen,  without 
further  proof  thereof. 

§  2665.  If,  on  hearing  of  such  cause,  matter  or  proceeding,  in 
which  such  perjury  shall  be  suspected  to  have  been  committed,  any 
papers  or  documents  produced  by  either  party,  shall  be  deemed 
necessary  to  be  used  in  the  prosecution  for  such  perjury,  such  court 
may,  by  "order,  detain  such  papers  or  documents  from  the  party  pro- 
ducing'them,  and  direct  them  to  be  delivered  to  the  district  attorney. 

§  2848.  Any  person,  desiring  to  prosecute  another,  for  a  viola- 
tion of  the  criminal  laws  of  the  state,  may  apply  to  the  clerk  of  the 
proper  court,  in  vacation,  for  writs  of  subpoena,  for  any  witnesses 
to  attend  before  the  grand  jury  at  the  next  term.  It  shall  be  the 
duty  of  the  clerk  to  issue  all  subpcenas  thus  applied  for,  and  it  shall 
be  the  duty  of  all  witnesses,  thus  summoned,  to  attend,  in  obedi- 
ence to  the  command  of  such  subpo3na;  and  if  they  fail  to  appear, 
the  foreman  of  the  grand  jury  may  apply  for  and  obtain  an  attach- 
ment, as  in  other  cases  of  defaulting  witnesses. 

§  2849.  Every  witness  summoned  on  a  criminal  prosecution,  in- 
quiry or  plea  of  the  state,  shall  attend,  from  day  to  day,  and  from 
term  to  term,  without  further  notice,  until  discharged  by  the  court, 
or  by  the  party  summoning  him,  or  in  default  thereof,  he  shall  be 
fined  by  the  court,  not  more  than  five  hundred  dollars,  for  the  use 
of  the  school  fund,  unless  on  the  return  of  a  scire  facias,  as  .pro- 
vided in  this  chapter,  in  relation  to  bonds  and  recognizances,  and 
before  final  judgment  thereon,  he  shall  show  good  cause  for  such 
default ;  and  suph  witness  shall  be  further  liable  to  attachment,  as 
in  civil  cases. 

§  2871.  In  all  trials  of  indictments  for  assault  and  battery,  or 
for  an  assault,  the  defendant  may  give  in  evidence,  in  excuse  or  ex- 
tenuation,  any  insulting  words  used  by  the  person,  on  whom  such 
assault  or  assault  and  battery  was  committed,  at  the  time  of  the 


Appeals — Bail.  275 

coinmission  tlicrcof,  towards  Ihe  (lefendant,  and  the  juiy  may  con- 
sider and  determine  whether  such  insult  was  or  was  not  a  sufficient 
excuse  or  justification  of  the  offense  committed. 

AITKAl-S. 

§  1335.  Any  one  convicted  of  a  criminal  offense,  by  the  judg- 
ment of  a  justice  of  the  peace,  shall  have  the  right  of  ajjpeal  to  the 
next  term  of  the  circuit  court  of  his  county,  upon  his  entering  into 
bond  or  recognizance,  in  a  sum,  to  be  prescribed  by  the  justice,  not 
less  than  fifty,  nor  more  than  five  hundred  dollars,  with  good  and 
approved  security,  conditioned  for  the  payment  of  all  costs,  and  for 
the  appearance  of  the  defendant,  at  the  next  term  of  said  circuit 
court  ;  and  on  his  appearance  in  said  court,  such  case  shall  be  tried 
anew,  on  its  merits,  and  disposed  of,  as  other  cases  pending  in  said 
court  ;  and  on  default  of  such  defendant,  a  forfeiture  shall  Ije  en- 
tened  against  him  and  his  sureties. 

BAIL. 

§  1325.  It  shall  be  lawful  for  any  officer,  having  any  person  in 
custody,  b}^  virtue  of  the  warrant  of  a  justice  of  the  peace,  in  the 
cases  hereinbefore  provided  for,  to  take  bond  or  recognizance,  with 
good  and  sufiicient  sureties,  in  a  sum  not  less  than  fifty,  nov  more  than 
five  hundred  dollars,  conditioned  for  the  appearance  of  such  person, 
at  the  day  named  in  the  warrant,  before  the  justice  of  the  peace 
before  whom  it  is  returnable,  and  to  fix  the  amount  of  the  bond  or 
recognizance,  which  bond  or  recognizance,  shall  be  returned  to  such 
justice,  and  proceeded  on,  in  case  of  forfeiture,  as  in  like  cases  in 
the  circuit  court,  as  far  as  may  be,  with  the  difference  in  the  con- 
stitution of  the  courts  ;  and  so,  any  justice  of  the  peace,  before 
whom  a  prisoner  is  brought,  on  adjourning  from  daj'  to  da}-,  or  to  a 
subsequent  day,  for  the  hearing  of  such  case,  may  take  bond  or  re- 
cognizance, in  such  sum  as  he  ma}'  prescribe,  not  less  than  fift}',  nor 
more  than  five  hundred  dollars,  with  sufficient  sureties,  properly 
conditioned  for  the  appearance  of  such  prisoner  ;  which  bond  shall 
be  filed  by  the  justice,  and  may  be  proceeded  on  by  him,  as  in  like 
cases  in  circuit  courts.  But  when  the  bond  or  recognizance,  taken 
as  above,  by  the  justice,  or  an}'  officer,  shall  exceed  in  its  penalty 
one  hundred  and  fifty  dollars,  it  shall  be  returned  to,  and  filed  in  the 
clerk's  office  of  the  circuit  court  of  the  county,  by  the  justice  of  the 
peace,  with  his  certificate  of  the  breach  that  occurred,  in  the  non- 
appearance of  the  prisoner  before  him  ;  and  judgment  »m  shall  be 
entered  by  the  circuit  court,  on  such  bond  or  recognizance  and  cer- 
tificate ;  and  thereupon,  such  other  proceedings  shall  be  had,  as  in 
case  of  a  bond  or  recognizance,  conditioned  for  the  appearance  of 
a  party  in  the  circuit  court. 

§  2787.  When  a  defendant,,chargod  with  a  criminal  offence,  shall 
be  committed  to  jail  by  any  court,  judge,  justice,  or  other  officer, 
for  default  in  not  skiving  bail,  it  shall  be  the  duty  of  such  court  or 


276  Bail— Duty  of  Slieriff. 

officer,  to  state  in  the  mittimus,  the  nature  of  the  offence,  the  county 
where  committed,  the  amount  of  bail  required,  and  the  number  of 
sureties  ;  and  to  direct  tiie  sheriff  of  the  county  where  such  party 
is  ordered  to  be  confined,  to  release  him,  on  his  entering  into  recog- 
nizance, as  required  by  the  order  of  the  court,  or  committing  officer. 

§  2788.  It  shall  be  the  duty  of  the  sheriff  having  custod}^  of  any 
defendant  as  aforesaid,  upon  his  compliance  with  the  order  of  said 
committing  court  or  officer,  to  release  him  from  custody.  Said 
sheriff  shall  approve  the  sureties  on  the  recognizance,  and  for  that 
purpose  shall  examine  them  on  oath,  or  take  their  affidavit  in  writ- 
ing, and  may  administer  such  oath. 

§  2789.  It  shall  be  the  duty  of  any  sheriff  taking  recognizance 
as  aforesaid,  to  return  the  same  to  the  clerk  of  the  circuit  court  of 
the  county  where  the  oli'enee  is  alleged  to  have  been  committed,  on 
or  before  the  first  day  of  the  next  term  thereof;  and  if  any  slieriff 
shall  neglect  to  take  recognizance  as  aforesaid,  or  if  the  same,  from 
any  cause,  be  insufficient  at  the  time  he  took  and  approved  the 
same,  on  exceptions  taken  and  filed  before  the  close  of  the  next 
term,  after  the  same  should  have  been  returned,  and  upon  reasona- 
ble notice  thereof  to  said  sheriff,  he  shall  be  deemed  and  stand  as 
special  bail,  and  judgment  shall  be  rendered  against  him  as  such. 

§  2790.  When  the  defendant  is  not  entitled  to  bail,  or  where  he 
neglects  or  refuses  to  give  bail,  as  required  by  law,  and  the  jail  of 
the  county  in  which  the  offence  was  committed,  or  where  the  case 
stands  for  trial,  is,  in  the  opinion  of  the  court  or  committing  officer, 
insufficient  for  the  safe  keeping  of  criminals,  it  shall  be  the  duty 
of  the  court  or  officer,  to  make  an  order  for  the  removal  of  the 
accused  to  the  nearest  or  most  convenient  and  safe  jail,  of  some 
convenient  count}^  there  to  be  kept,  until  the  court  shall  sit  for  the 
trial  of  the  offender;  and  it  shall  be  the  duty  of  the  jailor  of  such 
county  to  safely  keep  him,  according  to  the  order  of  the  court  or 
officer  having  jurisdiction  thereof  ;  and  it  shall  further  be  the  duty 
of  said  sheriff  or  jailor,  to  have  the  body  of  the  defendant,  without 
further  order,  before  the  circuit  court  of  the  proper  county,  at  its 
next  term  thereafter,  on  the  first  day  of  the  term,  unless  he  shall 
have  been  discharged  by  due  course  of  law. 

§  2791.  All  bonds  and  recognizances  taken  for  the  appearance 
of  any  party,  either  as  defendant,  prosecutor  or  witness,  in  any 
state  case  or  other  criminal  proceeding  or  matter,  shall  be  made 
payable  to  the  state  of  Mississippi,  and  shall  have  the  effect  to  bind 
the  accused,  and  his  sureties  on  said  bond  or  recognizance,  until 
the  principal  shall  be  discharged  by  due  course  of  law,  and  shall 
stand  in  full  force,  from  term  to  term,  without  reuctval. 

§  2792.  If  any  defendant,  prosecutor,  or  witness  in  any  criminal 
case,  proceeding  or  matter,  shall  fail  to  comply  with  the  terms  of 
his  iDond  or  recognizance,  the  court  may,  at  any  time  after  such  de- 
fault made,  enter  judgment  nisi  against  the  obligor  and  his  sureties 
in  such  bond  or  recognizance,  and  thereupon  a  scire  facias  may 
issue  as  against  bail,  returnable  to  the  next  term  of  such  court,  as 
in  other  cases.     And  upon  the  return  of  service  of  such  scire  facias. 


Process  Against  Corporations.         277 

or  two  writs  of  scire  facias  to  the  proper  officer  of  the  county  where 
such  bond  was  entered  into  "  not  found,"  sucli  return  shall  be  equiv- 
alent to  personal  service,  and  judgment  may  be  made  absolute 
thereon,  unless  a  suflicient  showing  to  the  contrary  be  made  to  the 
court,  at  tlie  time  such  case  is  called  in  its  order  ou  the  docket. 

^  2873.  A.U  bonds  and  recognizances  taken  in  criminal  cases, 
whether  they  shall  describe  the  olfense  actually  committed  or  not, 
shall  have  the  eft'ect  to  hold  the  party  bound  thereby,  to  answer  to 
such  offense  as  he  may  have  actually'  committed,  and  shall  be  valid 
for  that  purpose,  until  he  be  discharged  by  the  court. 

^  2874.  All  justices  of  the  peace,  and  all  other  conservators  of 
the  peace  are  authorized,  whenever  a  person  is  brought  before  them, 
charged  with  any  oflense  less  than  murder,  arson  or  treason,  for 
which  bail  is  now  allowed  hy  law,  to  taice  the  recognizance  or  bond 
of  such  person,  with  good  and  sufficient  securit}',  in  such  penalty 
as  such  justice  or  conservator  of  the  peace  may  require,  for  his 
api)earancc  before  such  justice  or  conservator  for  an  examination 
of  his  case,  at  some  future  da}'^,  not  more  than  five  days  from  the 
time  of  taking  such  recognizance  or  bond.  And  if  the  person  thus 
recognized,  or  thus  giving  bond,  shall  fail  to  appear  at  the  appointed 
time,  it  shall  be  the  duty  of  such  justice  or  conservator  to  return 
the  recognizance  or  bond,  with  his  certificate  of  Ihe  default,  to  the 
court  having  final  jurisdiction  of  the  case,  that  a  recovery  may  be 
had  therein,  b}'  scire  facias,  as  in  other  cases  of  forfeiture.  The 
justice,  or  other  conservator,  shall  also  issue  an  alias  warrant  for 
all  such  defaulters. 

PROCESS  AGAINST    CORP.  RATIONS. 

§  2769.  When  an  indictment  shall  be  found  against  any  corpor- 
ation, a  summons  shall  be  issued  against  it  by  its  corporate  name, 
to  appear  and  answer  such  indictment,  which  summons  may  be 
executed  in  the  same  manner  as  a  summons  against  a  corporation 
in  a  civil  suit;  and  upon  such  summons  being  returned  executed, 
the  corporation  shall  be  considered  in  court,  and  appearing  to  the 
said  indictment,  and  the  court  shall  cause  an  appearance  and  a  plea 
of  not  guilty  to  be  entered;  and  such  proceedings  may  then  be  had 
thereon,  in  the  same  manner  as  if  the  corporation  had  appeared  and 
pleaded  "  not  guilty"  thereto;  and  if  the  said  corporation  shall  be 
convicted  on  the  said  indictment,  the  court  may  pass  judgment 
thereon,  and  cause  process  of  execution  to  be  issued  against  the 
goods  and  chattels,  lands  and  tenements  of  the  said  corporation,  for 
the  amount  of  the  fine  and  costs,  which  may  be  awarded  against  it, 
in  the  same  manner  as  on  a  judgment  in  a  civil  suit;  and  the  sheriff 
shall  proceed  to  sell  the  goods  and  chattels,  or  lands  and  tenements 
of  such  corporation,  on  the  said  execution,  in  the  same  manner  as 
on  an  execution  issuing  against  a  corporation  in  a  civil  suit. 

§  2770.  If  such  summons  shall  be  returned  not  executed,  and 
the  sheriff  or  other  officer  shall  make  affidavit  that  he  hath  made 
■diligent  inquir}-,  and  cannot  ascertain  any  place  of  business  of  said 


278  Actions  vigainst  Officers. 

corporation  in  bis  count}',  or  the  name  of  any  oflicer  of  said  cor- 
poration, resident  in  the  county  in  which  such  indictment  shall  have 
been  found,  upon  whom  such  summons  could  be  executed,  then  the 
court  shall  make  an  order,  directing  said  corporation  to  cause  their 
appearance  to  be  entered,  and  to  plead  to  said  indictment,  on  or 
before  the  first  day  of  the  next  term  of  the  court;  a  copy  of  which 
order  shall,  within  thirty  days,  be  inserted  in  one  of  the  public  news- 
papers printed  in  this  state,  as  the  court  ma}'  direct,  and  continued 
therein  for  at  least  four  weeks;  and  if  the  said  corporation  shall 
not  appear  within  the  time  limited  by  such  order,  or  within  such 
further  time  as  the  court  shall  appoint,  then,  on  due  proof  of  such 
publication,  the  said  court  shall  order  the  clerk  to  enter  an  appearance 
and  plea  of  not  guilt}*  for  said  corporation;  and  thereupon,  further 
proceedings  may  be  had  on  such  indictment,  in  the  same  manner  as 
if  the  said  corporation  had  appeared  and  pleaded  thereto;  and  in 
case  of  conviction,  execution  may  be  issued,  and  proceedings  had 
thereon,  as  in  the  preceding  section  mentioned. 

§  2771.  Like  process  and  proceedings  may  be  had  before  justices 
of  the  peace,  in  any  prosecution  or  proceeding  against  a  corpora- 
tion, for  any  offense  made  cognizable  before  a  justice  of  the  peace; 
and  in  case  publication  shall  be  necessary,  the  day  of  appearance 
may  be  fixed  for  such  time  as  will  allow  the  order  to  be  published 
for  the  required  period. 

§  2772.  When  any  corporation  shall  be  convicted,  on  indictment 
for  a  nuisance,  for  not  repairing,  or  keeping  in  repair,  any  road, 
causeway,  bridge  or  ferry,  and  shall  neglect  to  pay  the  fine  and 
costs  awarded  against  them  therefor,  for  the  space  of  three  months 
after  an  execi;tion  shall  have  been  issued  against  thtm  for  the  same, 
then  it  shall  not  be  lawful  for  any  such  corporation,  their  officers, 
agents,  or  any  other  person,  to  demand  or  take  any  toll  upon  any 
.  part  of  their  road,  or  any  causeway,  bridge  or  ferry,  not  kept  in 
repair,  until  the  said  fine  and  costs  shall  be  paid;  and  if  any  person 
shall  demand,  or  take,  any  toll,  upon  any  part  of  the  road,  cause- 
way, bridge  or  ferry,  of  any  corporation  so  indicted  and  convicted, 
after  such  neglect  to  pay,  as  aforesaid,  and  notice  in  writing  thereof 
to  such  person,  and  until  said  fines  and  costs  are  paid,  such  person 
shall  be  liable  to  indictment,  and,  on  conviction,  may  be  fined,  not 
exceeding  one  hundred  dollars. 

ACTIONS    AGAINST    JUSTICES,    CONSTABLES    AND    OTHKR    OFFICERS. 

§  326.  Every  justice  of  the  peace,  or  other  otficer,  to  whom  the 
statute  laws,  or  other  books,  have  been  or  may  be  furnished  by  the 
state,  shall  carefully  preserve  the  same,  and  at  the  expiration  of  his 
term,  shall  deliver  the  same  to  his  successor,  and  take  his  receipt 
therefor,  and  file  the  same  in  the  office  of  the  clerk  of  the  circuit 
court  of  the  county  where  such  offices  are  exercised;  and  in  default 
thereof,  the  said  court,  on  motion  of  the  clerk,  or  of  the  successor 
in  office  (whose  duty  it  shall  be  to  make  such  motion),  shall  enter 
judgment  in  favor  of  the  state,  against  such  justice,  or  officer,  so  in 


Remedies  for  Mojieij  Collected.         279 

default,  for  the  sura  of  ten  dollars  for  each  volume  missiujr,  and  not 
satisfactorily  accounted  for,  five  days'  notice  being  given  of  such 
motion . 

REMEDIES    FOR    MONEY   COLLECTED. 

§  1339.  When  any  justice  of  the  peace  sliall  fail  to  pay  over  to 
the  person  authorized  to  receive  the  same,  any  money  collected  by 
him  in  his  official  ca{)acity,  or  shall  fail  to  account  for  and  pay  into 
the  state  or  county  treasury,  as  the  case  may  be,  according  to  law, 
all  fines  and  penalties  which  may  be  assessed  by  and  paid  to  him, 
or  which  shall  come  into  his  hands,  by  any  other  means  whatsoever, 
on  complaint  of  any  such  failure,  to  any  other  justice  of  the  peace, 
of  the  county,  such  justice  shall  issue  his  summons,  commanding 
the  justice  so  failing  to  appear  before  him;  and  if  it  appear  that 
such  justice  of  the  peace  has  failed  to  pay  over  the  money  collected 
by  him,  as  aforesaid,  the  pistice  trying  the  same  shall  enter  judg- 
ment against  such  delinquent,  for  the  money  so  detained,  with  costs 
and  ten  jier  cent,  damages,  and  no  stay  of  execution  shall  be  given  on 
such  judgment,  and  in  addition  thereto,  such  defaulliug  justice  of 
the  peace  shall  be  liable  to  indictment,  and  to  fine  in  double  the  sum 
collected  by  him  and  not  accounted  for,  and  imprisonment  not  more 
than  six  months,  and  such  justice  shall  be  removed  from  office. 

§  1341.  In  case  any  justice  of  the  peace  shall  resign,  or  remove 
from  the  district,  or  otherwise  go  out  of  office,  he  shall,  within  ten 
days  thereafter,  deliver  his  docket,  with  all  process  and  papers  re- 
lating to  his  said  office,  to  the  clerk  of  the  circuit  court  of  the 
county,  to  be  by  him  kept  as  public  records,  and  who  shall  be  au- 
thorized to  certify  copies  thereof;  and  if  any  such  justice  of  the  peace 
shall  die,  it  shall  be  the  duty  of  his  executors  or  administrators  to 
deliver  his  docket  and  papers  to  the  clerk  of  said  circuit  court;  and 
if  any  justice  of  the  peace,  vacating  his  office  as  aforesaid,  or  the 
executors  or  administrators  of  any  such  justice  who  shall  die,  shall 
neglect  or  refuse  to  deliver  said  docket  and  papers  to  the  clerk  of 
the  circuit  coui't  of  the  proper  count}^  on  demand  made,  he  or  they 
shall  forfeit  and  pay  the  sum  of  one  hundred  dollars;  and  on  such 
failure,  an  action  for  the  recovery  of  such  forfeiture  shall  be  brought 
by  the  district  attorney',  in  the  name  and  for  the  use  of  the  county 
in  which  such  failure  occurs,  on  complaint,  verified  by  affidavit,  of 
any  person  aggrieved;  and  such  ex-justice  of  the  peace  shall,  in 
addition  thereto,  be  liable,  on  conviction,  to  imprisonment  not  ex- 
ceeding six  months,  in  the  county  jail.  If  there  shall  remain  on 
said  docket  any  suits  iindetermined,  or  any  judgments  unexecuted, 
any  justice  of  the  peace  of  the  same  county,  at  the  request  of  the 
plaintitf  therein,  may  have  access  to  said  docket  and  papers,  and 
may  hear  and  determine  such  suits,  or  issue  execution  on  such  judg- 
ments, in  the  .same  manner  as  business  originally  commenced  by 
him;  and  when  a  successor  to  the  justice  who  may  have  resigned, 
removed,  or  died,  shall  be  elected  and  qualified,  the  clerk  sliall  de- 
liver the  docket  so  deposited  with   him  to  such  successor,  and  the 


280       Return  to  Auditor— Mcnidages. 

iustice  so  receiving  the  docket  may  proceed  to  conclude  all  business 
pending  thereon,  as  if  the  proceedings  had  been  originally  instituted 
before  hiai,  and  he  shall  preserve  the  docket  and  records  delivered 
to  him,  as  in  other  cases,  and  deliver  them  to  bis  successor. 

§  1342.  It  shall  be  the  duty  of  every  justice  of  the  peace  in  this 
state,  on  the  first  Monday  of  January,  in  each  year,  to  make  a 
return  to  the  auditor  of  public  accounts,  of  all  fines  and  penalties, 
which  he  shall  have  assessed  during  the  twelve  months  preceding 
such  return,  and  to  pay  as  much  thereof  as  he  shall  have  received, 
where  the  same  is  directed  by  law  to  be  paid;  and  any  justice  of 
the  peace  who  shall  fail  to  make  such  return,  or  to  pay  the  money 
by  him  received,  as  aforesaid,  in  addition  to  the  remedy  prescribed 
in  section  number  1389,  article  twelve,  shall  be  deemed  guilty  of  a 
misdemeanor  in  office,  and,  on  conviction  thereof,  shall  be  removed 
from  office,  and  may  be  fined  not  more  than  five  hundred  dollars, 
and  imprisoned  in  the  county  jail  not  more  than  six  months. 

§  1759.  If  any  minister,  judge,  or  justice,  shall  joiu  any  persons 
together  as  husband  and  wife,  without  lawful  license,  as  by  this 
chapter  required,  or  shall  go  out  of  the  state  and  marry  persons 
belonging  to  the  state,  without  such  license,  such  minister,  judge, 
■  or  justice,  shall,  in  either  case,  be  liable  to  indictment,  and  on  con- 
viction, to  imprisonment  in  the  county  jail,  not  less  than  one  month, 
nor  more  than  six  months. 

§  1761.  A  certificate  of  marriage,  signed  by  the  minister,  judge, 
or  justice  celebrating  the  same,  or  in  case  of  Quakers,  Menonists, 
or  other  societies  that  solemnize  their  marriages  by  consent  of 
parties  taken  in  open  congregation,  by  the  clerk  of  the  society,  shall 
be  transmitted,  by  such  unnister,  judge,  justice,  or  clerk,  within  six 
months  thereafter,  to  the  clerk  of  the  circuit  court  of  the  county 
wherein  the  marriage  is  solemnized,  to  be  recorded,  and  exemplifi- 
cation of  which  shall  be  evidence  of  such  marriage;  and  every  min- 
ister, judge,  justice,  or  clerk  of  a  religious  society,  failing  to  trans- 
mit such  certificate  to  the  clerk,  within  the  time  above  prescribed, 
shall  forfeit  and  pay  to  the  person  suing  for  the  same,  the  sum  of 
fifty  dollars,  to  be  recovered  before  any  court  having  cof-nizanee 
thereof. 

§  2599.  If  any  judge  of  any  court,  or  any  justice  of  the  peace, 
or  attorney-general,  oi-^district  attorney,  or  any  constable,  sherift',  or 
coroner,  or  any  person,  charged  by  law  with  the  custody  of  public 
mone.y,  shall  violate  the  provisions  of  the  foregoing  section  (2591), 
such  person  so  offending,  on  conviction  thereof,  shall  be  fined  in  the 
sum  of  five  hundred  dollars,  and  be  imprisoned  for  the  space  of 
twenty  days,  or  less,  at  the  discretion  of  the  court  ;  and  in  case  any 
public  oflicer  shall,  in  any  manner,  use  or  loan  public  money,  in  his 
hands  by  virtue  of  his  office,  in  any  game,  wager,  or  bet,  on  con- 
viction thereof,  his  commission  shall  thereby  be  deemed  vacated, 
and  the  vacancy  supplied,  as  in  case  of  death,  resignation,  or  re- 
moval from  office. 

§  2712.  If  any  judge,  justice,  sheriff,  coroner,  constable,  asses- 
sor, collector,  clerk,  or  any  other  officer,  shall   knowingly   demand. 


To  Secure  Payment  of  Fines.  281 

take,  or  collect,  under  color  of  his  office,  any  mone^',  fee,  or  reward 
whatever,  not  authorized  by  the  laws  of  this  state,  or  shall  demand 
and  receive,  knowingly,  any  fees  for  service  not  actually'  performed, 
such  oflicer,  so  offending,  shall  be  deemed  guilty  of  extortion,  and 
on  conviction  thereof,  shall  be  punished  by  fine  not  exceeding  five 
hundred  dollars,  or  imprisoned  not  more  than  three  months,  or 
both,  in  the  discretion  of  the  court,  and  shall  be  removetl  from 
office. 

§  2889.  If  any  grand  juror,  justice  of  the  peace,  constable, 
member  of  the  board  of  county  supervisors,  sheriff,  coroner,  or 
other  civil  or  peace  oUieer,  shall  willfully  neglect  or  refuse  to  return 
any  person  committing  an  offense  against  the  laws  of  this  state, 
•committed  in  his  view  or  knowledge,  or  of  which  he  has  any  notice, 
or  shall  willfully  absent  himself,  when  such  offense  is  being,  or  about 
to  be  committed,  for  the  purpose  of  avoiding  a  knowledge  of  the 
same,  he  shall,  on  conviction,  be  fined  not  less  than  one  hundred 
dollars,  nor  more  than  five  liundred  dollars,  and  may,  in  the  discre- 
tion of  the  court,  be  removed  from  office. 

TO     SECURE     PROMPT    PAYMENT     OP     FINES     COLLECTED    BY     JUSTICES  OE 

THE     PEACE. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  it  shall  hereafter  be  the  duty  of  each  judge  of  the 
circuit  court,  in  this  state,  at  each  regular  term  of  his  court,  in  each 
count}',  to  require  every  justice  of  the  peace  and  ex-q^'c/o  justice  of 
the  peace  in  the  county  in  which  such  term  of  court  is  being  held, 
to  appear  on  the  first  or  second  day  of  such  term  of  court,  with  a 
transcript  of  his  docket,  and  submit  the  same  for  examination  and 
inspection  by  the  grand  jury,  which  transcript  shall  contain  a  full 
and  complete  report  of  all  fines  imposed,  and  the  amount  of  the 
same,  collected  by  such  justice  of  the  peace,  and  what  disposition 
has  been  made  of  the  same^which  shall  be  certified  and  sworn  toby 
such  justice  or  ex-officio  justice  of  the  peace,  before  the  circuit  clerk 
of  such  county;  and  any  justice  or  ex-officio  justice  of  the  peace, 
willfully  making  a  false  entry  upon  such  transcript,  shall  be  guilt}' 
of  perjury,  and,  on  conviction  thereof,  shall  be  subject  to  all  the 
pains  and  penalties  prescribed  by  law. 

Sec.  2.  Be  it  further jenacted,  That  it  shall  be  the  duty  of  the 
g-rand  jury  to  carefully  examine  the  transcript  of  each  justice's 
docket,  in  the  presence  of  the  district  attorney,  and  make  a  report 
of  their  action  thereupon,  to  the  judge  of  the  court,  in  open  court; 
and  if,  upon  such  examination,  it  shall  appear  that  any  justice  or 
ca;-o^cto  justice  of  the  peace  has  failed  to  pay  over  or  account  for 
any  money  or  moneys,  in  the  manner  and  time  required  by  law,  it 
shall  be  the  duty  of  said  grand  jury  to  present  a  bill  of  indictment 
against  such  defaulting  justice  or  exofflcio  justice  of  the  peace,  as 
now  provided  by  law;  and  when  such  indictment  shall  have  been 
prosecuted,  it  shall  be  the  duty  of  the  court  to  proceed  to  the  trial 
of  said  case,  instanter,  unless  good  cause  can  be  shown  for  a  con- 
tinuance. 


282  Retailing  Liquors,  etc. 

Sec.  3.  Be  it  further  enacted,  That  if  any  justice  or  ex-officio 
justice  of  the  peace,  shall  neglect  or  refuse  to  appear  with  a  trans- 
cript of  his. docket  and  report,  at  the  time  provided  in  the  lirst  sec- 
tion of  this  act,  it  shall  be  the  duty  of  the  judge  of  the  court,  on 
the  application  of  the  district  attorney,  to  issue  such  summary  pro- 
cess as  is  now  provided  by  law  in  the  cases  of  defaulting  jurors  or 
witnesses  ;  and  it  shall  be  the  duty  of  the  sheriff  of  the  county  to 
serve  the  same  promptly,  for  which  he  shall  be  entitled  to  receive 
and  collect  the  same  fees  as  provided  bylaw  in  similar  process;  and 
the  clerk  of  the  circuit  court  shall,  likewise,  receive  the  same  fees 
as  in  like  cases;  jtrovided,  that  the  district  attorney  shall  Ifave  au- 
thority to  compel  any  justice  or  ex-officio  justice  of  the  peace  to  pre- 
sent his  docket,  for  the  inspection  of  the  grand  jurj^,  whenever,  in 
his  judgment,  it  may  be  necessary. 

Sec,  4.  Be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
foreman  of  each  grand  jury  to  deposit  the  transcript  of  the  docket 
of  each  justice  or  ex-offi.cio  justice  of  the  peace,  so  furnished  him, 
in  the  office  of  the  clerk  of  the  circuit  court,  at  the  end  of  the  court 
term,  which  shall  be  carefully  filed  and  preserved  by  such  clerk,  and 
subject,  at  all  times,  to  the  inspection  of  an}'  person  desiring  to  do 
so.  It  shall  be  the  duty  of  the  judges  of  the  several  circuit  courts 
in  this  state,  to  give  this  act  in  charge  to  the  grand  jurj^  at  each 
regular  term  of  his  court.     (Approved,  March  31,  1876.) 


RETAILING  LIQUOBS,  LICENSES,  PENALTIES. 

MODE    OF    OBTAINING    LICENSE. 

g  245C.  It  shall  not  be  lawful  for  any  person,  except  druggists 
and  physicians,  (under  the  restriction^hereinafter  named,)  to  sell 
any  vinous  or  spirituous  liquors,  in  a  lees  quantity  than  one  gallon, 
without  first  having  obtained  a  license  therefor. 

§  2457.  The  corporate  authorities  of  every  incorporated  city  or 
town,  shall  have  power  to  grant  to  any  person,  resident  in  such  city 
or  town,  license  to  sell  by  retail,  in  any  quantity,  vinons  and  spirit- 
uous liquors,  within  the  same,  for  the  i\eriod  of  twelve  months  ; 
and  to  assess  and  collect  such  tax  therefor,  as  they  may  see  proper, 
not  exceeding  one  thousand  dollars,  nor  less  than  two  hundred  dol- 
lars, having  reference  to  the  situation  of  the  place,  as  affording  more 
or  less  profit  to  the  applicant ;  the  sum  received  for  such  licenses, 
to  be  for  the  use  of  the  common  school  fund,  and  paid  into  the 
county  treasury  for  that  purpose. 

§  2458.  The  boards  of  supervisors  shall  have  power  to  grant 
license  to  an}^  person  resident  within  their  respective  counties,  and 
not  within  an  incorporated  city  or  town,  to  sell,  by  retail,  vinous 
and  spirituous  liquors,  in  any  quantity,  within  such  county,  and  to 
assess  and  collect  such  tax  tiiereon  as  such  board  may  see  proper, 
liaving  reference  to  the  situation  of  the  place,  as  aff"ording  more  or 


Retailing  Liquors,  etc.  283 

less  profit  to  the  applicant,  and  not  exceeding  one  tliousand  dollars, 
nor  less  than  two  luindrcd  dollars,  for  a  period  of  twelve  months; 
and  all  sums,  received  for  such  licenses,  shall  be  paid  into  the  state 
treasury,  and  placed  to  the  credit  of  the  common  school  fund  ;  but 
no  city,  town  or  count}^  shall  have  power  to  levy  an  additional  tax 
or  per  centage,  on  the  license  tax  herein  provided  for,  for  city, 
county  Of  town  purposes. 

g  2459.  No  license  shall  be  granted  to  any  person  to  retail 
vinous  or  spirituous  liquors,  in  less  quantities  than  one  gallon,  un- 
less the  applicant  sitall  lirst  produce  a  petition  for  the  issuance  of 
such  license,  recommending  the  said  applicant  to  be  of  good  repu- 
tation, and  a  sober  and  suitable  person  to  receive  such  license, 
which  petition  shall  be  signed  by  a  majority  of  the  legal  voters, 
resident  in  the  supervisor's  district,  where  the  liquors  are  intended 
to  be  sold  ;  and  if  such  liquors  are  intended  to  be  sold  within  the 
limits  of  any  incorporated  city  or  town,  then,  by  a  majority  of  the 
legal  voters  therein  ;  and  all  such  petitions,  after  being  presented 
and  filed,  shall  lay  over  one  month,  for  consideration  and  the  recep- 
tion of  counter  petitions,  before  being  acted  upon  ;  and  any  name 
found  on  both  petitions,  shall  be  counted  against  the  granting  of 
the  license ;  anil  if  any  supervisor's  district  or  incorporated  town 
sliall,  by  a  majority  of  legal  voters  therein,  petition  the  board  of 
supervisors  against  the  granting  of  license  to  retail  spirituous 
liquors,  such  license  shall  not  be  granted  to  any  applicant,  within 
the  bounds  of  such  district  or  incorporated  town,  for  twelve  months 
after  said  petition  is  so  presented. 

§  2460,  Before  any  license  shall  be  issued,  the  applicant  shall 
pay,  to  the  treasurer  of  the  count}^  or  corporation,  the  tax  assessed 
thereon,  and  all  other  charges,  and  shall  give  bond,  with  two  or 
more  good  and  sufficient  sureties,  to  be  approved  by  the  board  of 
supervisors  or  corporate  authorities  of  the  cit\^  or  town,  as  the  case 
may  be,  payable  to  the  state,  in  the  penalty  of  one  thousand  dollars, 
conditioned  that  tlie  person, ^o  whom  such  license  shall  be  granted, 
shall,  during  the  continuance  of  his  license,  keep  a  quiet,  peaceable 
and  orderly  house,  for  retailing  vinous  and  spirituous  liquors,  in 
said  district,  town  or  city,  and  will  not  suffer  or  permit  any  riotous 
or  disorderly  conduct,  or  any  drunkenness,  or  any  unlawful  gaming, 
in  or  about  the  same,  or  on  the  premises  thereunto  belonging,  and 
will,  in  all  things,  faithfully  observe  and  keep  all  the  provisions  of 
this  chapter  ;  and  all  such  bonds  shall  be  filed  and  carefully  pre- 
served in  the  office  of  the  clerk  of  the  chancery  court  of  the  county. 

§  2461.  No  license  shall  be  granted  for  a  longer  or  shorter  period 
than  one  year  ;  and  such  license  shall  be  a  personal  privilege,  and 
not  transferable  to  another.  The  particular  place  and  house  in 
which  the  liquors  are  to  be  sold,  shall  be  designated  in  the  license, 
and  no  license  shall  authorize  any  person  to  sell  vinous  or  spiritu- 
ous liquors  at  any  other  place  or  house  than  that  specified  in  such 
license ;  2^rovided,  that  the  boards  of  supervisors,  or  the  corporate 
authorities  of  any  incorporated  town  or  city,  may,  in  their  discre- 
tion, and  for  sufficient  cause,  allow  a  change  in  the  })lace  or  house 
in  which  liquors  may  be  sold,  under  the  provisions  of  this  chapter; 


284  Eetailing  Liquors— Druggists. 

but,  in  no  case,  shall  this  license  admit  of  liquors  being  sold  at  more 
than  one  place,  at  the  same  time,  within  the  district  in  which  license 
is  granted. 

MISCELLANEOUS    PROVISIONS. 

§  24G2.  The  board  of  supervisors  of  each  county  of  the  state, 
or  the  corporate  authorities  of  any  city  or  town,  as  the  case  may  be, 
shall  have  power,  and  it  is  hereby  made  their  duty  to  revoke  any  re- 
tail license,  which  may  be  granted  under  this  chapter,  whenever  it 
shall  be  made  to  appear  that  the  person  holding  such  license  has 
become  unlit  to  sell  under  such  license,  or  has  in  any  way  violated 
the  provisions  thereof  ;  but  before  such  revocation  is  made,  the  per- 
son proceeded  against  shall  have  ten  days'  notice  of  the  intention 
to  revoke  his  license,  with  a  brief  statement  of  the  ground  upon 
which  the  revocation  is  sought  to  be  made. 

§  2463.  Before  any  druggist  or  physician  shall  sell  any  vinous 
or  spirituous  liquor,  in  less  quantity  than  one  gallon,  he  shall  make, 
in  writing,  and  file  in  the  ofl[lce  of  the  chancery  clerk  of  the  county 
where  helloes  business,  an  affidavit  that  he  will  only  sell  vinous  or 
spirituous  liquors,  for  medicinal,  culinary  or  sacramental  purposes, 
and  not  for  such  purposes,  unless  the  applicant  satisfies  him,  by 
evidence  produced,  that  such  are  bona  fide,  the  purposes  for  which 
the  purchase  is  made  ;  and  that  he  will  not  sell  such  liquors,  in  any 
case,  where  he  has  cause  to  doubt  that  they  are  absolutely  required 
for  such  purposes. 

§  2464.  Debts  created  for  liquors  at  any  establishment  where 
liquors  are  retailed,  shall  not  be  recoverable  at  law,  and  all  notes  or 
securities  given  for  such  debts  shall  be  absolutely  null  and  void. 

§  2465.  No  license  shall  be  granted,  under  the  provisions  of  this 
chapter,  to  retail  liquors,  at  any  place  where  a  special  or  local  act 
of  the  legislature  provides  that  no  liquors  shall  be  retailed, 

§  2466.  The  clerk  of  the  board  of  supervisors  of  each  county, 
and  the  clerk  or  mayor  of  any  incorporated  town  or  city,  on  the 
first  day  of  every  term  of  the  circuit  court,  shall  furnish  the  grand 
jury  or  district  attorney  with  a  list  of  all  persons  who  have  ob- 
tained licenses  to  retail  vinous  and  spirituous  liquors  within  the 
count.v,  within  one  year  next  preceding  such  court,  with  the  date  of 
each  license;  and  for  failing  to  furnish  such  list,  the  clerk  or  mayor 
shall  be  fined  fifty  dollars,  on  motion  of  the  district  attorney,  whose 
duty  it  shall  be  to  make  such  motion;  and  the  said  list  shall  be  good 
'prima  facie  evidence  on  the  trial  of  any  indictment  under  this  chap- 
ter, of  the  granting  of  any  license,  and  the  date  thereof,  and  also 
that  no  person  not  naraed"^in  said  list  has  obtained  such  license. 

§  2467.  Every  justice  of  the  peace,  sheriff,  constable  and  other 
county  officer,  ishereby  required  and  enjoined  to  cause  this  chapter 
to  be  strictlv  enforced  within  their  respective  counties,  and  to  give 
information^f  all  violations  thereof,  and  to  cause  all  offenders  to 
be  arrested  and  bound  over  to  answer  for  the  same. 

^  2468.  It  shall  be  the  duty  of  the  district  attorneys  of  this  state 
to'bring  suit  upon  any  and  all  bonds,  take  under  this  chapter,  which 


Retailuig  Liquors — Penalty.  285 

may  be  violutecl,  and  condurL  the  suits  lo  Jiui^inent,  iiiid  collcet  the 
proceeds,  and  pay  them  over,  according  to  law. 

§  2469.  All  county  treasurers,  and  the  officers  of  incorporated 
cities  and  towns,  who  may  receive  money  for  license  to  retail  liquor 
in  less  quantities  than  one  gallon,  shall  pay  the  same  into  the  state 
treasury',  within  tliirty  days  from  the  time  of  receiving  the  same; 
and  if  they  should  fail  to  do  so,  shall  be  liable,  on  indictment  and 
conviction,  to  a  line,  not  exceeding  the  amount  of  money  so  received, 
and  not  i)aid  over,  or  to  imprisonment  in  the  county  jail,  not  more 
than  six  months,  or  by  both  such  line  and  imprisonment. 

§  2470.  Merchants  and  others,  carrying  on  any  business  or  trade, 
who  may  sell  or  give  away  liquors  at  their  places  of  business,  either 
vinous  or  spirituous,  in  less  quantities  than  one  gallon,  for  any  pur- 
pose whatever,  shall  be  subject  to  pay  tho  regular  retail  tax,  fixed 
by  the  county,  or  corporate  authorities  of  the  place  where  such 
business  is  conducted;  and  it  shall  be  the  duty  of  the  sheriff  to 
assess  and  collect  such  tax,  whenever  he  is  informed  that  such  sales 
or  gifts  have  been  made  ;  and  such  persons,  on  conviction,  shall  be 
fined  in  a  sum  not  exceeding  one  hundred  dollars. 

§  2471.  It  shall  not  be  lawful  for  any  person,  having  license  to 
retail  vinous  and  spirituous  liquors,  to  keep  open  the  bar,  or  place 
where  such  liquors  are  sold,  or  to  sell  any  such  liquors,  on  the  first 
day  of  the  week,  commonly  called  Sunday;  and  an}^  person  so  of- 
fending, shall  be  liable  to  a  fine  of  not  less  than  lifty,  nor  more 
than  one  hundred  dollars,  for  each  offense. 

RETAILING    LIQUORS — PENALTY    FOR. 

§  2690.  If  any  person  shall  sell  any  vinous  or  spirituous  liquor, 
in  any  (juantity  less  than  one  gallon,  without  having  a  license  there- 
for, in  pursuance  of  the  laws  of  this  state;  or  if  any  person  having 
such  license,  shall  sell  any  such  liquor  in  a  quantity  less  than  one 
gallon,  at  any  other  place  or  house  than  that  specified  in  such  li- 
cense; or  if  any  druggist,  apothecaiy,  or  physician,  shall  sell  any 
vinous  or  spirituous  liquor  in  a  quantit}^  less  than  one  gallon,  ex- 
cept in  good  faith  for  medicinal,  sacramental  or  culinary  purposes, 
or  shall  permit  the  drinking  of  said  liquors  in  his  store,  or  upon 
his  premises:  or  if  an}'  person,  having  such  license,  shall  fail  to 
keep  a  quiet,  peaceable  and  orderly'  house,  or  shall  suffer  or  permit 
any  riotous  or  disorderly  conduct,  or  any  drunkenness,  or  any 
unlawful  gaming,  in  or  about  the  house  or  place  where  such  liquors 
are  kept,  or  on  the  premises  thereunto  belonging,  or  shall  sell  any 
vinous  or  spirituous  liquor  to  any  i)erson  then  being  intoxicated; 
or  if  an}'^  person  shall  directly,  or  by  any  evasion  or  subterfuge, 
violate  any  provision  of  this  act,  then  the  person  so  offending  (and 
also  any  person  who  ma}'  own  or  have  any  interest  in  any  vinous  or 
spirituous  liquor  sold  contrary  to  this  act)  shall  be  liable  to  indict- 
ment, and  on  conviction,  shall  be  fined  not  less  than  twent3'-five 
dollars,  nor  more  than  five  hundred  dollars,  or  be  imprisoned  not 
less  than  one  week,  nor  more  than  three  months,  or  both,  at  the 
discretion  of  the  court. 


286  Retailing  Liquors — Penalty. 

§  2691.  It  shall  not  be  lawful  for  aii}-  person  having  license  to 
retail  vinous  or  spirituous  liquors,  to  keep  open  the  bar  or  place 
•  where  such  liquors  are  sold,  or  to  sell  any  such  liquors,  on  the  first 
day  of  the  week,  commonly  called  Sunday;  and  any  person  so 
offending,  shall  be  liable  to  be  puuiched  as  is  prescribed  in  the  last 
preceding  section, 

§  2692.  If  any  person,  wdiether  having  a  license  to  retail  liquor 
or  not,  shall  knowingl}-  sell  any  vinous  or  spirituous  liquor,  in  any 
quantity,  to  any  minor,  he  shall,  on  conviction,  be  fined  in  a  sum 
not  less  than  one  hundred  dollars,  nor  more  than  one  thousand 
dollars . 

§  2693.  If  any  candidate,  for  any  public  station,  shall  treat  or 
bestow  any  vinous  or  spirituous  liquor  upon  any  voter,  with  intent 
to  influence  his  vote,  he  shall  be  liable  to  indictment,  and,  on  con- 
viction, shall  be  fined  twenty-five  dollars. 

§  2694.  If  any  owner,  lessee  or  occupant  of  any  house,  outhouse, 
or  other  building  or  tenement,  shall  knowingly  permit  or  suffer  any 
person  to  retail  vinous  or  spirituous  liquor,  contrary  to  law,  in  such 
house,  outhouse,  building  or  tenement,  without  giving  immediate 
information  thereof,  and  prosecuting  the  offender,  according  to  law, 
such  owner,  lessee  or  occupant  shall  be  liable  to  indictment,  and  on 
conviction,  may^  be  fined  not  more  than  five  hundred  dollars,  or 
imprisoned  not  more  than  one  month,  or  by  both  such  fine  and 
imprisonment. 

§  2695.  No  spirituous  or  fermented  liquors  shall,  on  any  pretense 
whatsoever,  be  sold  within  any  county  prison,  or  the  penitentiary, 
nor  shall  an^^  kind  of  spirituous  or  fermented  liquors  be  brought 
into  any  count}^  prison,  for  the  use  of  au}^  convict  confined  therein, 
without  a  written  permit,  signed  b}'  the  physician  to  such  prison, 
specifying  the  quantity  and  the  quality  of  the  liquor  which  may  be 
furnished  to  any  prisoner,  the  name  of  the  prisoner  for  whom,  and 
the  time  when  the  same  may  be  furnished,  and  that  the  same  is 
necessary  as  a  medicine,  which  permit  shall  be  delivered  to  and  kept 
by  the  keeper  of  the  prison. 

§  2696.  Any  person  who  shall  sell  in,  or  bring  to  an}'  of  the  said 
prisons,  any  spirituous  or  fermented  liquors,  contrary  to  the  fore- 
going provisions,  and  every  keeper  or  other  officer  employed  in  or 
about  any  such  prison,  or  penitentiary,  who  shall  suffer  any  spiritu- 
ous, or  other  liquor,  to  be  sold  and  used  therein,  contrary  to  the  fore- 
going provisions,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  subject  to  imprisonment,  not  ex- 
ceeding one  year,  in  a  county  jail,  or  to  a  fine  not  exceeding  three 
hundred  dollars,  or  both,  at  the  discretion  of  the  court;  and  every 
sheriff,  or  other  officer,  so  convicted,  shall  forfeit  his  office. 

§  2697.  Any  person  who  shall  sell  any  vinous  or  spirituous 
liquors,  prepared  by  them  or  their  agents,  or  knowing  it  to  be  pre- 
pared, according  to  any  certificate  or  formula  for  adulteration,  or 
shall  adulterate  the  same,  such  person  shall  be  subject  to  indictment 
therefor,  and,  upon  conviction,  shall  be  imprisoned  in  the  peniten- 
tiarj'  not  less  than  one  year,  nor  more  than  five  3'ears. 


Retailing  Liquors — Penalty.  287 

§  2834.  No  person  shall  sell,  or  offer  for  sale,  any  luiuor,  vinous 
or  spirituous,  or  other  intoxicating  drink,  or  any  merchandise  or 
provisions,  at  or  within  two  miles  of  any  meeting  house,  or  otlier 
phice  of  ])ul)lic  worshij),  during  the  time  appointed  for  the  continu- 
ance of  such  worship  ;  and  any  such  ofT'ender,  on  conviction  thereof, 
before  any  justice  of  the  peace  of  the  county,  shall  be  linud  thirty 
dollars  for  each  offense,  and  stand  committed  until  such  line  and 
costs  are  paid  ;  xn'ovided,  that  this  section  shall  not  extend  to  any 
incorporated  town,  or  persons  residing  permanently  within  the  limits 
prescribed,  and  complying  with  the  requisitions  of  the  law,  in  other 
respects. 

^  2835.  If  an}'  sheriff  or  constable  of  the  county,  where  such 
offense  may  occur,  shall  refuse  or  neglect  to  carry  into  effect  the 
provisions  of  the  lest  preceding  section,  he  shall,  on  conviction 
thereof,  before  any  justice  of  the  peace,  be  fined  ten  dollars. 

PROVIDING    AGAINST     EVIL    KESCLTS    FROM    THE    SALE    OF    INTOXICATING 
LIQUORS    IN    THE    STATE. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  it  shall  ])e  unlawful  for  any  person  or  persons,  by 
agent,  or  otherwise,  without  first  having  obtained  a  license  to  keep 
a  grocery  to  sell,  in  an}'  c[uantity,  intoxicating  liquors,  to  be  drank 
in,  upon  or  about  the  building  or  premises  where  sold,  or  to  sell 
such  intoxicating  liquors  to  be  drank  in  any  adjoining  room,  build- 
ing or  premises,  or  other  place  of  public  resort  connected  with  said 
l)wilding  ;  provided,  that  no  person  shall  be  granted  a  license  to 
sell  or  give  away  intoxicating  liquors,  \yithout  first  giving  bond  to 
the  municipality  or  authority  authorized  by  law  to  grant  license, 
which  bond  shall  run  in  the  name  of  the  people  of  the  state  of  Mis- 
sissippi, and  be  in  the  penal  sum  of  two  thousand  dollars,  with  at 
least  two  good  and  sufficient  sureties,  who  shall  be  freeholders,  con- 
ditioned that  they  will  pay  all  damages  to  any  person  or  persons, 
which  may  be  inflicted  upon  them,  Sither  in  person  or  property,  or 
means  of  support,  by  reason  of  the  person  so  obtaining  a  license, 
selling  or  giving  away  intoxicating  liquors  ;  and  such  bond  may  be 
sued  and  recovered  upon,  for  the  use  of  any  person  or  persons,  or 
their  legal  representatives,  who  may  be  injured  by  reason  of  the 
selling  of  intoxicating  liquors,  by  the  person,  or  his  agent,  so  ob- 
taining the  license. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  be  unlawful  for  any 
person  or  persons,  by  agent,  or  otherwise,  to  sell  intoxicating  liquors 
to  minors,  unless  upon  the  written  order  of  their  parents,  guard- 
ians, or  family  physician,  or  to  persons  who  are  intoxicated,  or  who 
are  in  the  habit  of  getting  intoxicated. 

Sec.  3.  Be  it  further  enactedj  That  all  places  where  intoxicating 
liquors  are  sold  or  given  away,  in  violation  of  this  act,  shall  be 
taken,  held,  and  declared  to  be  common  nuisances;  and  all  rooms, 
taverns,  hotels,  eating-houses,  bazaars,  restaurants,  drug  stores, 
groceries,   coffee-houses,    cellars,   or  otlier  places  of  public  resort. 


K 


288  Retailing  Liquors— Penalty. 

where  intoxicatinp;  liquors  are  sold,  in  violation  of  this  act,  shall  be 
shut  up  and  abated  as  public  nuisances,  upon  conviction  of  the 
keeper  thereof,  who  shall  be  punished  as  hereinafter  provided. 

Sec.  4.  Be  it  further  enacted,  That  every  person  who  shall,  by 
the  sale  of  intoxicating  liquors,  with  or  without  license,  cause  the 
intoxication  of  any  other  person,  shall  be  liable  for  and  compelled 
to  pay  a  reasonable  compensation  to  any  person  who  may  take 
charoe  of  and  provide  for  such  intoxicated  person,  and  two  dollars 
per  day  in  addition  thereto,  for  every  day  such  intoxicated  person 
shall  be  kept,  in  consequence  of  such  intoxication,  which  sums  may 
be  recovered  in  an  action  of  debt,  before  any  court  having  compe- 
tent iurisdictiou. 

Sec.  5.  Be  it  further  enacted.  That  every  husband,  wife,  child, 
parent,  j^uardian,  employer,  or  other  person,  who  shall  be  injured  in 
person' o^-  property,  or  means  of  support,  by  any  intoxicated  person, 
or  in  consequence  of  the  intoxication,  habiiual  or  otherwise,  of  any 
person,  shall  have  a  right  of  action,  in  his  or  her  own  name,  sever- 
ally or'joint]}^  against  any  person  or  persons  who  shall,  by  selling 
or  giving  away  intoxicating  liquors,  have  caused  the  intoxication, 
in  whole°or  in  part,  of  such  person  or  persons;  and  any  person  or 
persons  owning,  renting,  leasiug,or  permitting  the  occupation  of  any 
building  or  premises,  and  having  knowledge  that  intoxicating 
liquors^are  to  be  sold  therein,  or  who,  having  leased  the  same  for 
other  purposes,  shall  knowingly  permit,  therein,  the  sale  of  any  in- 
toxicating liquors  (that  have  caused,  in  whole  or  in  part,  the  intoxi- 
cation of°any  person  or  persons,  selling  or  giving  away  intoxicating 
liquors),  aforesaid,  for  all  damages  sustained,  and  for  exemplary 
damages  ;  and  a  married  woman  shall  have  the  right  to  bring  suits, 
and  to  control  the  same,  and  the  amount  recovered  as  afemme  sole; 
and  all  damages  recovered  by  minorg,  under  this  act,  shall  be  paid, 
either  to  sucli  minor,  or  to 'his  or  her  parent,  guardian,  or  next 
friend,  as  the  court  shall  direct,  and  the  unlawful  sale  or  giving 
away  of  intoxicating  liquors,  shall  work  a  forfeiture  of  all  rights  of 
the  lessee  or  tenant,  under  any  lease  or  contract  of  rent  upon  the- 
premises,  where  such  unlawful  sale  or  giving  away  shall  take  place: 
and  all  suits  for  damages,  under  this  act,  may  be  by  any  appropri- 
ate action  in  any  of  the  courts  of  this  state  having  competent  juris- 
diction. .   ,     .  ,.    , 

Sec.  6.  Be  it  further  enacted.  That  for  violation  of  the  provis- 
ions of  tiie  first  and  second  sections  of  this  act,  every  person  so 
offending  shall  forfeit  and  pay  a  fine  of  not  less  than  twenty,  nor 
more  than  one  hundred  dollars,  and  be  imprisoned  in  the  jail  of  the 
county  not  less  than  ten  nor  more  than  thirty  days,  and  pay  the 
costs  of  prosecution  ;  and  for  every  violation  of  the  provisions  of 
the  third  section  of  this  act,  every  person  convicted  as  the  keeper 
of  any  of  the  places  therein  described  to  be  nuisances,  shall  forfeit 
and  pay  a  fine  of  not  less  than  fifty,  nor  more  than  one  hundred 
dollars,  and  be  imprisoned  in  the  jail  of  the  county  for  not  less  than 
twenty',  nor  more  than  fifty  days,  and  pay  the  costs  of  prosecution; 
ar.d  such  place  or  places,  so  kept  by  such  person  or  persons  so  con- 


Retailing  Licjiiors — Penalty.  289 

victcd,  sliall  be  shut  up  unci  abated,  upon  the  (n-<ler  of  the  court, 
before  whom  such  conviction  may  be  liad,  until  such  a  time  as  such 
person  or  persons  keeping  such  i)hices,  sliall  give  bond  and  security, 
to  be  approved  by  said  court,  in  the  penal  sum  of  one  thousand 
dollars,  payable  to  the  state  of  ]Mississip[)i,  conditioned  that  he,  she, 
(ir  thry  will  not  sell  i ii loxicatiiiu' li(i iiMi's  conti'ary  to  the  laws  of  this 
state,  and  will  pay  all  lines,  costs,  and  damages  assessed  against 
such  keeper  or  keepers  for  any  violation  thereof;  and  in  case  of 
forfeiture  of  such  bond,  suit  may  be  brought  thereon,  for  the  use  of 
liny  person  interested,  or  for  the  use  of  the  common  school  fund  of 
the  county,  in  case  of  a  fine  or  costs  due  such  county  ;  2>rocided, 
that  the  penalties  in  the  luiture  of  fines  mentioned  in  this  section. 
may  be  enforced  separately  from  the  imprisonment,  before  any  jus- 
tice of  the  peace  having  jurisdiction. 

Skc.  7.  Be  it  further  enacted,  That  the  giving  awa}'  of  intoxi- 
cating li(iuors.  or  other  shift  or  device  to  evade  the  provisions  of 
this  act,  shall  be  deemed  and  held  to  be  an  unlavvrul  selling,  within 
the  provisions  of  this  act. 

Sec.  S.  Be  it  further  enacted,  That  for  the  payment  of  all  fines, 
costs,  and  damages  assessed  against  any  person  or  ])ersons,  in  con- 
sequence of  the  sale  of  intoxicating  liquors,  as  provided  in  section 
five  of  this  act,  the  real  estate  and  personal  property  of  such  person 
or  persons  of  every  kind,  except  such  as  may  be  exempt  under  the 
homestead  laws  of  this  state,  or  such  as  may  be  exempt  from  levy 
and  sale  upon  judgment  and  execution,  shall  be  liable  ;  and  sucii 
fines,  costs,  and  damages  shall  be  alien  upon  such  real  estate,  until 
paid  ;  and  in  case  any  person  or  persons  shall  rent  or  lease  to  another 
or  others,  an}'  building  or  premises,  to  be  used  or  occupied,  in  whole 
or  in  i)art,  for  the  sale  of  intoxicating  liquors,  or  shall  permit  the 
same  to  be  so  used  or  occupied,  such  buildirg  or  premises  so 
used  or  occupied,  shall  be  held  liable  for,  and  may  be  sold 
to  pay  all  fines,  costs,  and  damages  assessed  against  any  per- 
son or  persons  occupying  such  building  or  premises  ;  proceedings 
may  be  had  to  suliject  the  same  to  the  payment  of  any  such  fine  and 
costs  assessed,  or  judgment  recovered,  which  remain  unpaid,  or  any 
,l)art  thereof,  either  before  or  after  execution  shall  issue  against  the 
property-  of  the  person  or  persons  against  whom  such  fine  an:l  costs 
or  judgment  shall  have  been  adjudged  or  assessed  ;  and  when  exe- 
■  cntion  shall  issue  against  the  property  so  leased  or  rented,  the  officer 
shall  proceed  to  satisfy  said  execution  out  of  the  building  or  premises 
so  leased  or  occupied  as  aforesaid,  and  in  case  such  building  or 
'premises  belong  to  a  minor,  insane  i»erson,  or  idiot,  the  guardian 
of  such  minor,  insane  person,  or  idiot,  and  his  or  lirr  .-eal 
and  personal  i)roperty  shall  beheld  liable  instead  of  such  minor, 
insane  person,  or  iiliot,  and  his  or  her  property  shall  be  subject  to 
all  the  provisions  of  tins  section,  relating  to  the  collection  ot  fines, 
-costs,  and  damages. 

Srx.   9.   Be  it  further  enacted,  That  the  [)eualty  and  inqjiisonment 
mentioned  in  the  sixth   section  of  this  act,   may  be  enforced  l>y  in 
dictment,  in  any  court  of  record  having  criminal  jurisdiction,  .and 

19  ^ 


290  Retailing  Liquors — Penalty. 

all  iiecuniary  fines  or  penalties  provided  for  in  any  of  the  sections- 
of  this  act  (except  the  fourth  and  lifth),  may  be  enforced  and  pros- 
ecuted for  before  any  justice  of  the  peace  of  the  proper  count}',  in 
an  action  of  debt,  in  the  name  of  the  people  of  the  state  of  Mis- 
sissippi, as  plaintiff;  and  in  case  of  conviction,  the  offender  shall 
stand  committed  to  the  common  jail  until  the  judgment  and  costs 
are  fully  paid,  and  the  magistrate  or  court  in  which  conviction  is 
had,  shall  issue  a  writ  of  cqnas  ad  satisfaciendum  therefor  ;  and 
justices  of  the  peace  shall  also  have  jurisdiction  of  all  actions 
arising  under  thg  fourth  and  fifth  sections  of  tliis  act,  where  the 
amount  in  controversy  does  not  exceed  one  hundred  and  fifty  dol- 
lars, pucli  actions  to  be  ]irosecuted  in  the  name  of  the  party  injure<l 
or  entitled  to  the  debt  <ji'  damngfs  providvi)  for  in  said  t'ourth  and 
fifth  sections. 

Sec.  10.  Be  it  furtlier  enacted.  That  in  all  prosecutions  under 
this  act,  hy  indictment  or  otherwise,  it  shall  not  be  necessary  to- 
state  the  kind  of  liquor  sold,  or  to  desci'ibe  the  place  where  sold, 
and  for  an}'  violation  of  the  third  section  of  this  act.  it  shall  not  be 
necessarj'^  to  state  the  name  of  the  person  to  whom  sold,  and  in  all 
cases,  the  person  or  persons  to  whom  intoxicating  liquors  shall  be 
sold,  in  violation  of  this  act,  shall  be  competent  witnesses  to  prove 
such  fact,  or  any  other,  tending  thereto. 

Sec.  11.  Be  it  further  enacted,  That  the  provisions  of  this  act 
shall  take  effect  and  be  in  force  from  and  after  the  first  day  of  Juh', 
A.  D.  1873,  so  far  as  it  affects  licenses  already  granted,  but  as  to 
those  hereafter  granted,  it  shall  be  in  force  from  and  after  its  pas- 
sage.     (Approved,  March  17,  1873.; 

IN    RELATION    TO    LICENSES    AND    THE    SALE    OF    LIQUOK. 

Section  1.  Be  it  enacted  b}'  the  Legislature  of  the  State  of  Mis- 
sissippi, That  it  shall  be  unlawful  for  any  druggist  or  druggists,  to 
sell  or  give  away  any  spirituous  liquors,  except  on  the  prescription 
or  certificate  of  a  phj'sician  ;  and  any  druggist  or  druggists  wha 
shall  violate  the  provisions  of  this  section,  shall  be  deemed  and  held 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  before  an}'  court 
having  competent  jurisdiction,  he  or  they  shall  be  fined  in  a  sum  of 
not  less  than  ten  dollars,  nor  more  than  fifty  dollars,  for  each 
offense.  » 

Sec.  2,  Be  it  further  enacted,  That  if  any  physician,  or  pretended 
physician,  shall  give  a  jn'cscription  or  certificate  to  any  person  or 
persons,  for  spirituous  liquors,  to  be  used  otherwise  than  as  medi- 
cine, he  shall  be  deemed  and  held  guilty  of  a  misdemeanor,  and  on 
conviction  thereof,  before  any  court  having  comi)etent  jurisdiction, 
he  shall  be  fined  in  a  sura  of  not  less  than  ten  dollars,  nor  more  than 
fifty  dollars,  for  each  offense. 

Sec.  3.  Be  it  further  enacted,  That  if  any  person  or  persons  shall 
forge  or  counterfeit  a  prescription  or  certificate,  in  the  name  of  any 
physician,  he  or  they  shall  be  deemed  and  held  guilty  of  a  misde- 
meanor, aad  on  conviction  thereof,  before  any  court  having  compe- 


lletailinj^  Liquor — Tax.  -1)1 

tent  jurisdiction,  he  or  tlicy  shall  bo  lined  in  a  sum  of  not  hjss  than 
lift}'  dolhirs,  nor  more  thiii\  one  hundred  and  lirty  dollars,  or  ])y  ini- 
prisoninent  in  the  county  jail,  for  a  term  of  not  loss  than  ten  da^-s, 
nor  more  than  thirty  da^'S,  or  l)y  l)oth  such  fine  and  imprisonment, 
at  the  discretion  oC  the  court.      (Apj)roved,  April  17,  187.'].) 

TAX    FOR   RETAILING    LIQUORS. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  from  and  after  llie  passage  of  this  Act,  no  license 
shall  be  granted  for  a  longer  period  after  its  date  than  twelve  months, 
nor  for  a  less  sum  than  two  hundred  dollars,  nor  more  than  one 
thousand  dollars,  and  said  amounts  shall  be  I'ogulated  by  the  boai'ds 
of  supervisoi's,  and  authorities  of  incoi'poratcd  citi(!S  and  towns, 
with  reference  to  the  advantages  of  situations,  and  classified  as  i'ol- 
lows,  to  wit  :  Two  hundred  dollars,  four  hundred  dollars,  seven  hun- 
dred dollars,  one  thousand  dollai's  ;  and  shall  be  paid  into  the  state 
treasury  to  the  credit  of  the  common  school  fund  ;  provided,  that 
any  incorporated  city  or  town,  of  one  thousand  inhabitants  or  over, 
the  minimum  shall  be  three  hundred  dollars. 

Sec,  2.  Be  it  further  enacted,  That  after  any  license  is  granted 
as  now  provided  hy  law,  the  person  or  persons  obtaining  the  same, 
shall  furnish  the  collector  of  the  coiint}^  with  a  certified  copy  of  the 
order  granting  such  license  and  fixing  the  amount  to  be  paid,  and 
a  certificate  from  the  chancery  clerk,  or  clerk  of  the  incorporated 
cit}''  or  town,  that  the  bond  has  been  filed  as  required  by  law,  and 
the  collector  shall  issue  the  license  upon  the  blank  furnished  b}'' the 
auditor,  to  such  person  or  persons,  for  twelve  months  from  the  date 
of  the  granting  of  the  same,  and  the  collector  shall  be  allowed,  as 
full  compensation  for  the  collection  of  money  under  this  act,  to 
charge  the  parties  taking  out  a  license  two  per  cent,  in  currency  on 
the  amount  collected,  in  addition  to  the  amount  of  license,  and  the 
full  amount  paid  for  such  license  shall  be  paid  into  the  treasury. 
(Approved,  Februar}'  12,  1875.) 

PETITION    AGAINST     OUANTING    LICENSE. 

Section  1.  Be  it  enacted  b}'  the  Legislature  of  the  State  of  Mis- 
sissippi, That  said  section  two  thousand  four  hundred  and  fifty-nine 
of  said  code,  be  and  the  same  is  hereby  amended  in  the  final  clause 
thereof,  so  that  said  clause  shall  read  as  follows,  to-wit  :  If 
a  majority  of  the  legal  voters  of  any  supervisor's  district,  or  of  an 
incorporated  city  or  town,  shall  petition  the  board  of  supervisors, 
or  the  board  of  mayor  and  aldermen,  or  other  municipal  board  of 
an}'  city  or  town,  as  the  case  may  be,  against  the  granting  of  any 
license  to  retail  vinous  or  spirituous  liquors  therein,  then  it  shall 
be  unlawful  to  grant  any  such  license  ;  and  no  such  license  shall  be 
granted  to  any  applicant,  to  retail  such  liquors  within  such  district, 
city  or  town,  for  three  months  from  and  after  the  presentation  of 
such  petition.     (Ajiproved  March  2(3,  1874.) 


292  Payment  to  Treasurer. 

PAYMENT    OF   LICENSES   TO    COUNTY   TREASURERS. 

SEcrioN  1.  Be  it  enacted  by  the  Legislature  of  tlie  State  of  Mis- 
sissippi, Tliat  sections  2457  and  2459  of  the  revised  code  of  1871, 
be  so  amended  as  to  require  tlie  tax  assessed  and  collected  arising 
from  license  to  retail  vinous  and  spirituous  liquors  under  the  general 
laws  of  this  state,  within  incorporated  towns  and  cities  in  this  state, 
shall  be  paid  to  the  county  treasurer  in  the  manner  hereinafter  pro- 
vided, and  be  by  him  paid  into  the  state  treasury  as  is  now  required 
by  law,  for  account  of  fines  collected  b}^  justices  of  the  peace. 

Sec.  2.  Be  it  further  enacted,  That  section  2469  be  so  amended 
as  to  require  the  treasurer  of  any  incorporated  town  or  city,  who 
may  receive  money  for  license  to  retail  liquor  in  accordance  with 
the  foregoing  section,  to  pay  the  same  into  the  county  treasury 
within  ten  days  after  collecting  the  same,  and  it  shall  be  his  further 
duty  on  or  before  the  first  Monday  of  July  annually  to  make  a  re- 
port to  the  board  of  supervisors,  showing  the  amount  of  such  col- 
lections and  of  whom  collected  since  the  date  of  the  last  report  as 
herein  required  ;  'provided,  that  the  first  report  under  the  provisions 
of  this  act  sliall  show  all  collections  made  since  the  first  day  of 
Januar}^  1872. 

Sec.  3.  Be  it  further  enacted,  That  when  any  money  is  paid  ^ 
the  county  treasurer  as  aforesaid,  or  for  account  of  fines  collected 
by  justices  of  the  peace,  he  shall  give  to  the  person  paying  the 
same  duplicate  receipts  therefor,  one  of  which  such  person  shall 
forthwith  transmit  to  the  auditor  of  public  accounts,  in  order  that 
the  count}'  treasurer  may  be  charged  with  the  amount  thereof. 
(Approved,  April  11,  1873;^) 


CIVIL  RIGHTS  BILL. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  section  two  thousand  seven  hundred  and  thirty-one, 
(2731,)  and  section  two  thousand  seven  hundred  and  thirtj^-two, 
(2732,)  of  the  revised  code,  approved  May  13,  A.  D.  1871,  be  and 
they  are  hereby  amended  to  read  as  follows,  to-Avit  :  That  all  citi- 
zens of  this  state,  without  distinction  of  race,  color  or  previous 
condition  of  servitude,  are  entitled  to  the  equal  and  impartial  en- 
joj-ment  of  any  accommodation,  advantage,  facility  or  privilege 
furnished  by  common  carriers  running  in  or  through,  or  pl^dng 
within  this  state^  whether  upon  land  or  upon  waters,  by  any  keeper, 
owners  or  lessee  of  any  hotel,  inn  or  restaurant,  by  any  owner, 
managers  or  lessees  of  any  theater  or  other  place  of  public  amuse- 
ment, or  of  public  entertainment  or  accommodation,  and  the  equal 
and  impartial  enjoyment  of  any  such  accommodation,  facility,  privi- 
lege or  advantage  is  hereby  declared  to  have  always  been,  is  now, 
and  shall  forever  remain  a  right  inherent  in  every  citizen  or  person, 
■and  which  right  shall  not  be  denied,   abridged  or  infringed  on  ac- 


Civil  Pdghts  Bill.  293 

count  of  any  distinction  of  race,  color  or  previous  condition  of 
servitude  ;  and  any  person  wlio  shall  violate  any  of  the  foregoing 
l)rovisions,  or  -vyho  shall  deny  to,  or  withhold  from  any  person  the 
enjoyment  of  any  of  the  foregoing  accommodations,  facilities,  privi- 
leges or  advantages,  equally  aud  impartially  on  any  sucli  account, 
or  for  any  such  reason,  or  who  shall  abridge  or  in-fringc  the  same, 
or  who  shall  incite  thereto,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  on  conviction  before  any  justice  of  the  peace  or  any  court 
having  jurisdiction  thereof,  for  each  and  every  sucli  offense,  forfeit 
ami  pay  to  the  person  aggrieved  thereby  a  sum  of  money  which,  in 
any  case  shall  not  tie  less  than  three  hundred  (300)  dollars,  to  bo 
recovered  in  any  action  on  the  case,  with  full  costs  and  such  allow- 
ance for  counsel's  fees  as  the  court  shall  deem  just ;  and  shall  bo 
lined  not  less  than  one  Jiundred  (100)  dollars,  or  l)e  imprisoned  not 
less  than  thirty  (30)  days,  nor  more  than  one  (1)  year,  or  botli,  in 
the  discretion  of  the  court.  And  any  corporation,  association  or 
individual  violating  the  aforesaid  provisions,  or  any  cf  them,  or 
denying,  withholding,  abridging  or  ini'ringing,  in  any  manner,  any 
of  the  aforesaid  rights,  privileges,  accommodations,  facilities  or 
advantages  of  any  citizen  or  person,  shall,  upon  conviction  thereof, 
forfeit  their,  his  or  her  charter  or  license,  or  other  authorit}-  or 
power,  under  or  by  virtue  of  which  they,  he  or  she  are,  or  may  be, 
by  the  laws  of  this  state,  permitted  or  authorized  to  conduct, 
manage,  or  run  any  business  or  employment,  and  any  person  or 
association  of  persons  assuming  or  continuing  to  use  or  act  under 
or  by  virtue  of  any  such  charter,  license  or  authority,  so  forfeited 
or  aiding  in  the  same,  or  inciting  thereto,  shall  be  deemed  guilt}'  of 
a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined  for  each 
and  every  offense  not  less  than  one  thousand  (1000,)  nor  more  than 
live  thousand  (5000)  dollars,  and  shall  be  imprisoned  not  less  than 
three  (3)  years^  nor  more  than  seven  (7)  3'ears,  and  the  corporate 
and  joint  property  of  such  corporation  or  association,  or  individual, 
shall  be  held  liable  for  the  forfeitures,  lines  and  penalties  incurred 
])y  any  violation  of  this  act. 

Sec.  2,  iJe  it  further  enacted,  That  the  circuit  courts  of  this  state 
shall  have  appellate  jurisdiction  in  all  causes  arising  under  or  by 
virtue  of  this  act,  and  it  shall  only  be  necessary  for  the  plaintiff'  or 
l^laintiffs  in  ai^y  action  under  or  by  virtue  of  this  act,  in  any  court 
to  show  that  he,  or  she,  or  they,  as  the  case  ma}'  be,  were  refused, 
denied  or  withheld  equal  and  impartial  accommodation,  facility, 
privilege  or  advantage  furnislied  by  any  public  carriers,  by  any  inn- 
keeper, owner,  manager  or  lessee  of  any  theater,  or  other  place  of 
l)ublic  amusement,  or  of  entertainment^  or  accommodation,  or  that 
theirs,  his  or  her  right  or  rights  as  declared  by  this  act  were  abridged 
or  infringed,  and  no  sufficient  cause  was  assigned,  given  or  made 
known  to  the  plaintiff',  then  and  there,  at  the  time  of  such  refusal, 
denial,  or  withholding,  or  abridging,  or  infringing  of  such  accom- 
modation, facility,  privilege  or  advantage  applied  for  ;  and  the  bur- 
den of  proof  shall  be  upon  the  defendant  to  show  that  such  refusal, 
dciiial  or  withholding  of  such  accommodation,  facility,  privilege  or 


291  Limitation  of  Prosecutions. 

;\dvantai;"e,  or  abridging  or  infringing  of  the  same  was  not  on  tic- 
eonnt  ot  race,  color  or  previous  condition  of  servitude. 

Sec.  3.  Be  it  further  enacted,  That  tlie  judges  of  the  several  cir- 
cuit courts  of  this  state  shall  specially  give  tliis  act  in  charge  to 
the  grand  jury  of  their  respective  courts  at  the  commencement  of 
each  term  thereof,  and  district  attorneys  of  the  several  districts  of 
this  state  shall  institute  and  prosecute  in  their  sevei'al  districts 
proceedings  for  any  violation  of  this  act  ;  and  any  district  attor- 
ney- who  shall  fail,  neglect,  or  refuse  compliance  herewith,  shall  be 
deemed  gu.ilty  of  misdemeanor  in  office,  and  on  conviction  thereof 
shall  be  fined  not  less  than  live  hundred  (500)  dollars,  nor  more 
than  one  thousand  (1000)  dollars,  and  shall  be  dismissed  from 
oltice. 

Sec.  4.  lie  it  further  enacted,  That  every  law,  statute,  ordinance, 
regulation  or  custou:i,  inconsist(!Ut  with  this  act,  or  the  act  to  which 
this  is  amendator}',  is  hereby  repealed  and  annulled,  and  that  this 
act  take  etfect  and  be  in  force  on  and  after  thirty  days  from  the 
date  of  itspa'isage.     (Ajiproved,  Februtay  7,  1873.) 

LIMITATION  OF  PROSECUTIONS. 

§  27Gl).  No  person  shall  be  prosecuted  for  any  oifence,  (murder, 
manslaughter,  arson,  forgery,  counterfeiting,  robbery,  larceny,  raps 
and  embezzlement,  and  obtaining  money  or  property  under  false  pre- 
tenses, excepted,)  unless  the  prosecution  for  such  offense,  shall  be  com- 
menced within  two  years  next  after  the  commission  thereof  ;  provided, 
that  nothing  herein  contained  shall  be  so  construed  as  to  bar  any  prose- 
cution against  any  person  who  shall  abscond  or  Uee  from  justice,  in  this 
state,  or  shall  absent  himself  from  this  State,  or  out  of  the  jurisdiction 
of  the  court,  or  so  conduct  himself,  that  he  cannot  be  found  by  the  offi- 
cers of  the  law,  or  that  pi'ocess  cannot  be  served  upon  him. 

§  2767.  A  prosecution  msiy  be  commenced,  within  the  meaning  of 
tliis  code,  by  the  issuance  of  a  warrant,  or  l)y  binding  over  or  recog- 
nizing the  offender,  to  compel  his  appearance,  to  answer  the  offense  as 
well  as  by  indictment  oj  ju'eseuument 

g  2768.  When  an  indicnnent  shall  be  lost  or  destroyed,  or  quashed 
or  abated,  or  the  judgment  thereon  arrested  or  reversed,  for  any  defect 
Uierein,  or  ia  the  record,  or  for  any  matter  of  form,  or  other  cause,  not 
fteing  an  acquittal  on  the  merits,  tlie  further  time  of  six  months,  from 
the  time  when  such  indictment  shall  be  lost,  destroyed,  quashed  or 
abated,,  or  judgment  thereon  arrested  or  reversed,  as  aforesaid,  shall 
be  allowed  lor  the  finding  of  a  new  indictment. 

CERTAIN  PKNAL  SUITS — TPaABLE  BEFORE  JUSTICE. 

i:?  227.  If  any  sheriff,  coroner,  or  other  officer,  sIhjU  fail  to  return 
any  execution  to  him  directed,  on  the  return  day  thereof,  the  plaintiff 
in  such  execution  shall  be  entitled  to  recover  judgment  against  such 
sheriff",  coroner,  or  other  officer,  and  their  respective  sureties,  for  the 
amount  of  such  execution,  and  all  costs,  with  lawful  interest  thereon. 


Penal  Suits  before  Justice.  295 

until  the  same  shall  he  i)ai'l,  with  five  i)er  cent,  on  the  full  aminiiit  (jf 
such  judgment  for  his  damages,  to  be  recovered  by  motion,  before  the 
court  to  which  such  execution  is  returnable,  on  five  days'  notice  first 
given  thereof;  provided,  that  alter  the  sheriff,  coroner,  or  other  officer, 
or  his  or  their  sureties,  shall  have  paid  the  amount  of  money  and  dam- 
ages recovered  as  aforesaid,  then  the  original  judgment  and  execution 
shall  be  vested  in  the  sheriff,  coroner  or  other  officer,  or  his  or  their 
sureties  paying  the  said  recovery  and  damages  for  his  or  their  benefit, 
and  executions  may  issue  on  said  original  judgment,  in  the  name  of 
the  plaintiff',  for  the  use  and  benefit,  and  at  the  cost  and  charges 
of  the  officer,  or  his  sureties,  in  whom  the  said  judgment  may  be  vested 
as  aforesaid ;  but  nothing  herein  contained  shall  affect  any  other  remedy 
against  officers  for  f;iiling  to  return  excutions,  and  the  remedy  given  by 
this  section  shall  ap])ly  in  favor  of  county  ti'easurers,  clerks,  and  other 
officers  and  witnesses,  for  the  recovery  ot  all  jury  taxes,  fees  and  costs, 
A'lth  interest  and  damages  thereon,  in  the  same  manner  as  to  plaintiffs 
in  executions.  In  any  proceeding  against  a  sheriff',  or  other  officer, 
for  failing  to  return  any  process,  proof,  that  said  process  was  put  in  the 
post-office,  duly  addressed  to  him,  and  that  the  postage  was  paid  there- 
on, shall  be  sufficient  prima  /flc^'e  evidence  of  the  receipt  thereof  by 
such  officer,  unless  he  will  make  oath  that  he  did  not  receive  it  himself, 
and  that  he  verily  believes  it  was  not  received  by  any  of  his  deputies. 

s<  229.  I£  any  sheriff,  deputy  sheriff,  coroner,  or  other  officer  shall 
collect,  by  virtue  of  any  execution  or  attachment,  the  whole,  or  a  part 
of  the  money  which,  by  such  writ,  he  is  required  to  levy,  and  shall  not 
immediately  pay  the  same  to  the  party  entitled  thereto,  or  his  attorney, 
on  demand  made,  or  shall  return,  upon  any  writ,  of  capias  ad  satis- 
faciendum, or  attachment,  for  not  performing  a  decree  for  the  payment 
of  money,  that  he  hath  taken  the  body  or  bodies  of  defendant  or  defen- 
dants, and  hath  the  same  ready  to  satisfy  the  money  in  such  writ  men- 
tioned, and  shall  have  actually  received  such  money  from  the  defendant 
or  defendants,  or  hath  voluntarily  suffered  him  or  them  to  escape,  and 
shall  not  immediately  pay  such  money  to  the  party  to  whom  the  same 
is  payable,  or  his  attorn'ey,  or  shall  make  any  other  such  return  upon 
any  such  execution  or  attachment,  as  will  show  that  such  sheriff,  deputy 
sheriff,  coroner,  or  other  officer,  hath  voluntarily  and  without  authority 
omitted  to  execute  the  same,  or  to  levy  the  money  therein  mentioned,  or 
as  would  entitle  the  plaintiff'  to  recover  from  said  sheriff  or  other  offi- 
cer, by  any  action,  the  debt,  damages  or  costs  in  said  execution  men- 
tioned, then  or  in  either  of  said  cases,  the  said  sheriff,  or  other  officer, 
and  his  sureties,  shall  be  liable  to  pay  to  the  plaintiff  in  said  execution 
or  attachment,  or  to  any  person  entitled  to  said  money,  or  any 
part  thereof,  the  full  amount  ot  the  money  due  upon  the 
said  execution  or  attachment,  with  twenty-five  per  cent,  damages, 
and  lawful  interest  until  paid,  to  be  recovered  with  cost,  by  motion 
before  the  court  to  which  such  execution  is  returnable,  on  five  days' 
notice  of  such  motion  to  said  sheriff,  or  other  officer,  and  his  sure- 
ties ;  provided,  that  in  case  the  said  sheriff,  or  other  officer,  shall  have 
received  only  a  part  of  the  money  due  by  said  execution  or  attachment, 
and  shall  not  be  otherwise  liable  to  a  judgment  for  the  whole  amount 


296  Penal  Suits  hefore  Justice. 

thereof,  the  recovery  shall  be  limited  to  the  amount  received  by  him,, 
with  damages  aud  interest  as  aforesaid  ;  but  the  court,  at  the  request 
of  either  party,  in  case  any  matters  of  fact  shall  be  in  issue  between 
them,  shall  immediately  cause  a  jury  to  be  empaneled  to  try  the  same, 
and  if  the  verdict  shall  be  against  the  said  sheriff,  or  other  officer,, 
judgment  shall  be  entered  up  with  damages  and  costs,  as  above  directed. 

§  230.  When  the  amount  of  the  sale  of  property  under  execution 
or  attachment  shall  exceed  the  debt,  damages,  interest  and  costs,  for 
which  the  execution  issued,  the  sheriff  or  other  officer,  shall  pay  such 
surplus  or  excess  to  the  debtor,  or  such  other  person  as  may  be  entitled 
to  receive  the  same  ;  and  if  any  sheriff,  or  other  officer,  shall  fail  or 
refuse  to  pay  such  surplus  or  excess  when  required,  to  the  person  enti- 
titled  thereto,  such  sheriff,  or  officer,  and  his  sureties,  and  his  or  their 
representatives,  shall  be  liable  to  the  like  penalty  and  judgment  in  fa- 
vor of  the  person  entitled  to  said  surplus  or  excess,  as  is  autliorized  aud 
directed  by  law,  in  favor  of  the  plaintiff,  against  the  sheriff  and  his 
sureties,  for  not  paying  money  levied  on  an  execution  to  tiiem. 

§  232.  Every  sheriff,  who  shall  have  levied  any  writ  of  execution, 
or  other  process  on  goods  and  chattels,  which  shall  remain  in  his  hands 
and  possession  unsold,  at  the  expiration  of  his  term  of  office,  shall  de- 
liver over  such  goods  and  chattels  remaining  Unsold,  to.  his  successor 
ill  office,  taking  his  receipt  for  the  same  ;  and  thevsheriff,  to  whom 
such  goods  and  chattels  are  ctelivered  as  aforesaid,  shall  proceed  to 
sell  the  same,  in  like  manner  as  his  predecessor  ought  to  have  done, 
had  he  remained  in  office,  and  shall  account  for  and  pay  the  proceeds 
of  such  sale  to  the  parties  entitled  thereto  by  law.  And  if  any  sheriff 
shall  fail  to  deliver  over  to  his  successor  in  office  any  goods  and  chattels 
so  levied  on,  and  remainuigin  his  hands  as  aforesaid,  on  demand  thereof 
made,  it  shall  be  lawful  for  the  plaintiff  in  such  execution,  or  other 
process,  upon  five  days's  notice  thereof,  to  move  the  court  from  which 
the  same  issued,  against  the  sheriff  so  failing,  and  his  sureties,  and 
their  heirs,  executors  and  administrators,  upon  which  motion  judgment 
shall  be  entered  for  the  amount  of  the  executfon  or  other  process  which 
came  to  the  hands  of  such  defaulting  sheriff",  with  interest,  and  five 
per  cent,  damages  and  costs. 

§  296.  If  any  person  shall  take  up  any  horse,  mare,  mule,  jack, 
cattle,  sheep  or  hog,  as  an  estray,  contrary  to  the  provisions  of  this 
article;  or  if  any  person,  having  taken  up  such  animal,  shall  fail  to 
send,  or  notify  the  owner,  if  known,  or  to  give  information,  as 
required  by  section  two  hundred  and  eighty-nine  of  this  article;  or 
shall  fail  "to  perform  any  duty  required  of  him  by  this  article,  or 
shall  abuse  such  aninial,"or  shall  use  the  same  in  an  unreasonable 
or  improper  manner,  so  that  damage  shall  be  done  to  the  owner,  or 
the  value  of  the  animal  impaired;  or  if  any  person  shall  take  or 
send  away  any  estray  out  of  this  state,  or  shall  trade,  sell  or  barter 
the  same,  or  if  any  taker  up  shall  fail  to  deliver  said  estray  to  the 
ranger,  at  the  court  house,  on  the  day  of  the  sale  of  said  estra}',. 
suck  person  shall  for  every  such  offense,  forfeit  an  amount  of  money 
equal  to  the  appraised  value  of  the  estra}-,  one-half  to  the  use  of 
the  countv  where  tlie  offense   shall   have  been  committed,  and  the- 


Board  of  Supervisors — Suits.  297 

other  lialf  to  any  person  who  shall  sue  for  tlie  same;  and  in  addi- 
tion thereto,  shall  be  liable  to  the  owner  for  the  value  of  such  ani- 
mals, of  whieh  the  appraisement,  made  in  pui'suancc  of  this  article, 
shall,  in  favor  of  such  owner,  be  admissible  as  evidence;  and  such 
taker  up  shall  forfeit  all  compensation  for  takin^j;  \\\)  and  keeping- 
such  estray. 

S  300.  It  shall  not  be  lawful  for  any  drover,  X)r  other  person,  to 
drive  an}^  horses,  mules,  cattle,  hogs  or  sheep,  of  another,  from  the 
range  to  which  the  same  may  belong;  but  it  shall  be  his  dut^y,  if 
an}'  other  such  stock  shall  join  his,  immediately  to  halt  at  the  nearest 
pen,  or  some  other  cv^nvenicnt  place,  and  separate  such  stock  as 
does  not  properly  belong  to  him,  or  to  the  person  for  whom  he  may 
be  employed  to  collect  or  drive  stock;  and  if  any  person  shall  vio- 
late the  provisions  of  this  section,  he  shall  forfeit  twenty  dollars 
for  every  offense,  with  costs,  recoverable  before  a  justice  of  the 
peace,  by  and  for  the  use  of  any  person  who  will  sue  for  the  same, 
and  sliall  also  be  liable  in  damages  to  the  party  injured;  and  when 
any  person  employed  in  driving  stock  shall  violate  the  provisions  of 
this  section,  he  and  his  employer  shall  be  liable  to  the  like  penalties. 

^  282.  If  any  constable,  or  other  oflicer,  shall  fail  to  execute 
and  return,  according  to  law,  an}^  execution  to  him  directed  b}^  any 
justice  of  the  pe/ice,  on  or  before  the  return  day  thereof,  the  plain- 
tiff in  such  execution  may  recover  the  amount  tliereof,  with  interest 
and  costs,  and  five  per  cent,  damnges  thereon,  by  motion  before  the 
justice  to  whom  said  execution  was  returnabie,  against  said  ofiicer 
and  his  sureties,  on  giving  five  days'  notice  of  such  motion.  And 
when  an}'  constable,  or  other  officer,  or  his  sureties,  shall  have  paid 
the  amount  of  mono}-  and  damages  recovered,  as  aforesaid,  the  orig- 
inal juclgment  and  execution  shall  be  vested  in  the  person  so  pay- 
ing, for  his  benefit;  and  further,  the  said  justice,  on  like  motion  and 
notice,  may  fine  the  said  ofiicer,  not  exceeding  fifty  dollars,  for  fail- 
ing to  return  such  execution. 

SUITS    liY    AND    AGAINST     TIIK     BOARD   OF    SCPEUVISOKS. 

v;  138-4.  Any  person  having  a  just  claim  against  any  county  in 
this  state,  which  the  boaid  of  supervisors  may  refuse  to  allow,  may 
bring  suit  against  such  board  in  any  court  having  jurisdiction,  and 
in  case  such  pai'ty  should  recover,  the  board  shall  allow  the  same, 
and  a  warrant  shall  issue,  as  in  other  cases;  but  either  party  shall 
have  the  right  of  appeal,  or  writcf  error,  in  such  cases,  and  should 
tite  board  still  refuse  to  issue  a  warrant  to  satisfy  such  judgment, 
the  proi)erty  of  the  county  shall  be  liable  for  the  satisfaction  of  the 
same,  as  in  other  cases  ;  and  the  board  of  supervisors  are  author- 
ized to  sue,  and  may  be  sued,  in  the  name  of  the  board  of  super- 
visors of  the  county  of  ,  in   all  matters  in  which  the  county 

may  be  interested.  Process  in  suits  against  the  board  may  be 
served  on  the  president,  or  by  filing  a  copy  with  the  clerk,  or  leav- 
ing the  same  at  his  office. 

v^  173!).     If  any  i)erson  shall  be  found  hawking,  peddling  or  trav- 


298  Board  of  Supervisors — Suits. 

cling  from  liouse  to  house,  oi  place  to  place,  to  vend  an}-  goods, 
wares  or  merchandise,  without  liaving  first  obtained  a  license  as 
aforesaid,  he  shall,  for  every  such  ofl'euse,  forfeit  the  sum  of  one 
hundred  dollars  for  the  use  of  the  county,  to  be  recovered  by  action 
in  the  name  of  the  president  of  the  board  of  supervisors,  to  be 
recovered  by  attachment  as  in  case  of  absconding  debtors,  or  other- 
wise; and  if  any  person,  having  obtained  such  license,  shall  lend, 
hire  or  transfer  the  same  to  another,  for  the  purpose  of  using  the 
same,  the  person  lending,  hiring  or  transferring  such  license,  and 
the  person  using  the  same  under  color  thereof,  shall  each  be  liable 
to  a  like  penaltj'  as  for  hawking  without  a  license,  to  be  recovered 
in  the  same  manner,  and  such  license  shall  thereby  become  void. 

§  1740.  Any  person  found  hawking  or  peddling  as  aforesaid,  who 
shall,  on  demand  being  made  by  any  person  of  the  age  of  twenty- 
one  years,  in  the  county,  fail  or  refuse  to  produce  and  show  such 
license  as  aforesaid,  shall  forfeit  the  sum  of  ten  dollars  for  every 
olfense,  to  be  recovered  before  any  justice  of  the  peace,  for  the  use 
of  the  couat}'. 

§  1744.  If  any  transient  auctioneer,  vender  or  trader,  after  de- 
mand made  as  aforesaid,  for  such  bond  or  deposit,  shall  sell  any  of 
such  merchandise  or  chattels,  without  first  having  given  such  bond 
or  made  such  deposit,  he  shall,  for  every  offense,  forfeit  and  pay  tho 
sum  of  one  hundred  dollars,  to  be  recovered  by  action,  commenced 
by  attachment  or  otherwise,  for  the  use  of  the  county. 

§  1942.  Every  owner  or  occupier  of  a  mill,  established  or  grind- 
ing for  toll,  as  aforesaid,  shall  keep  therein  sealed  measures  of  half 
bushel  and  peck,  and  a  toll  dish,  sealed,  and  shall  measure  all  grain 
b}''  strike  measure,  under  penalt}^  of  paying  five  dollars  for  every 
such  failure,  recoverable,  Avitli  costs,  before  a  justice  of  the  peace 
of  the  county  where  such  mill  shall  be,  to  the  use  of  the  informer. 

§  1943.  The  owner  or  occupier  of  every  dam,  over  which  a  pub- 
lic road  passes,  shall  constantly  keep  such  dam  in  repair,  at  least 
twelve  feet  wide  at  the  top,  through  the  whole  length  thereof,  and 
shall  keep  and  maintain  a  bridge  of  the  like  breadth,  with  strong- 
rails  on  each  side  thereof,  over  the  pier-head,  flood-gates,  or  any 
waste-cut  through  or  around  the  dam,  and  over  any  race  or  canal, 
leading  to  or  from  the  mill  or  pond,  over  which  a  public  road  may 
])ass,  under  the  penalty  of  two  dollars  for  every  twent^^-four  hours' 
failure;  but  where  a  mill  dam  shall  be  carried  away  or  destroyed 
by  tempest  or  accident,  the  owner  or  occupier  thereof  shall  not  be 
liable  to  the  said  penalties,  from  thenceforth,  until  one  month  after 
such  mill  shall  have  been  so  repaired  as  to  have  ground  one  bushel 
of  grain. 

§  1945.  Every  owner  or  proprietor  of  anv  cotton  gin,  erected  in 
or  within  half  a  mile  of  any  city,  town  or  village,  is  hereby  required 
to  remove  or  destroy  all  cotton  seed  which  may  fall  from  such  gin, 
so  that  the  same  shall  not  prejudice  the  health  of  the  inhabitants  of 
sucii  cit}',  town  or  village  ;  and  every  person,  being  the  owner  or 
proprietor  of  a  cotton  gin,  situated  as  aforesaid,  who  shall  neglect 
or  refuse  to  remove  or  destroy  the  cotton  seed  in  and  about  such  gin, 


Board  of  Supervisors — Suits.  299 

iiaving  icceivod  live  diiyb'  notice,  shall  t'uii'eit  uii.l  pay  the  sum  of 
twenty  dollars  for  every  day  he  or  she  siiall  neglect  or  refuse  to 
remove  or  destroy  the  cotton  seed,  as  aforesaid,  tu  be  recovered  by 
Avarrant,  in  tlie  name  of  the  state,  before  any  justice  of  the  peace 
of  the  i)roper  county,  for  tiie  use  and  benefit  of  the  informer. 

g  1986.  The  father  and  grandfather,  the  mother  and  grandmo- 
ther, and  the  descendants  of  any  poor  person  not  able  to  v,-ork, 
shall,  at  their  own  charge,  relieve  and  maintain  any  poor  person,  as 
the  board  of  sui)ervisors  shall  direct;  and  in  case  of  refusal,  shall 
forfeit  and  pay  to  the  county  the  sum  <■>(  eight  dollars  per  month, 
for  each  month  they  may  so  refuse,  to  l)e  recovered  in  the  name  of 
the  county,  before  any  justice,  or  otiier   court   having  jurisdiction. 

^  22-j:j.  Every  attorney  or  counselor  at  law.  receiving  money  for 
his  client,  and  failing  or  refusing  to  i)ay  the  same,  when  demanded, 
may  be  proceeded  against  in  a  summary  vva\%  b}'  motion  before  the 
circuit  court  of  the  county  where  such  attorney  or  counsellor  usu- 
ally resides,  or  where  he  may  be  found,  or  before  the  court  in  which 
thje  money  was  collected,  in  the  same  manner  that  sheriffs  are  liable 
to  be  proceeded  against  for  money  collected  on  execution,  ten  days" 
notice  of  such  motion  being  given;  and  in  addition  to  the  principal 
and  legal  interest,  damages  at  ten  per  centum  on  the  amount  thereof 
shall  be  awarded;  and  in  case  the  failure  to  pay  over  said  money 
shall  appear  to  have  been  willful,  and  without  any  reasonable  excuse, 
the  court  shall  line  and  imprison  such  attorney  or  counsellor,  as  for 
a  contempt,  and  strike  his  name  from  the  roll,  and  revoke  his  license. 

§  2271.  Any  person,  or  persons  who  shall,  knowingly  and  will  • 
full}'  sell,  hold,  or  offer  for  sale,  within  this  state,  any  tainted, 
l)Utrid,  unsound,  unwholesome,  or  unmerchantable  flour,  having 
the  ends,  sides,  or  other  parts  of  any  barrel  or  barrels,,  containing 
the  same,  marked  with  words  or  letters,  expressing  or  meaning- 
sound,  good  flour,  .or  who  shall  practice  any  fraud  or  deception  to 
put  off  or  sell  an}'  damaged,  unsound,  or  unmerchantable  provis- 
ions, shall  forfeit  the  whole  of  such  flour  or  other  provisions,  to  the 
use  of  the  poor  of  the  county  wdiere  the  same  may  have  been  s  old, 
held,  or  offered  for  sale  ;  provided,  that  Lothing  herein  contai  ned 
shall  be  construed  to  affect  any  flour  or  other  provisions  wrecked 
descending  or  ascending  any  navigable  waters,  connected  with  the 
commerce  of  this  state. 

§  2273.  Any  person,  or  persons,  who  shall  sell,  hold,  or  u tier  for 
sale,  within  this  state,  any  barrel  or  barrels  of  flour  that  shall  weigh 
or  contain  less  than  one  hundred  and  ninety-six  pounds  of  net  flour, 
shall  for  every  such  offense,  ferfeit  and  pay,  at  the  rate  of  twenty 
cents  per  pound,  for  any  less  quantity  than  ten  pounds  that  eacii 
and  every  barrel,  so  sold,  held,  or  offered  for  sale,  may  be  deficient, 
with  costs  ;  and  if  any  barrel  of  flour  sold,  held,  or  offered  for  sale, 
shall  weigh  or  contain  ten  or  more  pounds  less  than  one  hundreil 
and  ninety-six  pounds  of  net  flour,  the  whole  of  such  barrel  or  bar- 
rels, so  found  deficient,  shall  be  forfeited  to  the  use  of  the  school 
fund.  And  if  any  vinous  or  spirituous  liquors,  upon  such  inspec 
tion,  shtUl  be  found  to    have  been    atlulterated,    thev    shall   bo  con- 


(\ 


00  Road  Overseers — Ferries. 


demned  ;  the  said  inspector  shall  seize  the  same  and  destroy  them, 
and  the  owner  shall  pay  the  expenses  of  inspection. 

^  2274.  Thirty  days  after  the  publication  required  by  the  pro- 
visions of  article  two,  of  this  chapter  (chapter  50),  if  any  person, 
or  persons,  shall  sell  any  article  of  provisions,  or  other  article  or 
commodity  whatever,  within  any  county  or  corporation  where  such 
standard  of  weights  and  measures  have  been  obtained,  agreeable  to 
the  provisions  of  this  act,  not  correspondent  to  such  county  or  cor- 
poration standard,  or  shall  keep  any  weights  and  measures,  or  other 
implements  for  Aveighing  and  measuring,  for  the  purpose  of  buying 
or  selling  thereby,  not  correspondent  with  the  county  or  corpora- 
tion standard  aforesaid,  such  person  shall,  for  every  such  ofleuse, 
forfeit  and  pay  tw^enty  dollars,  to  the  use  of  the  school  fund. 

g  2276.  If  any  inspector  of  flour  and  other  provisions,  appointed 
within  this  state,  shall,  directly  or  indirectly,  demand  and  i-eceive 
any  other  or  greater  fee,  perquisite,  reward,  or  other  compensation 
whatever,  for  any  service  or  duty  he  shall  perform  as  inspector, 
than  what  shall  be  allowed  him  by  law,  the  regulation  and  order  of 
the  court  of  his  count}',  or  the  ordinance  of  his  corporation  (as  the 
case  may  be),  for  the'tirst  offense  he  shall  forfeit  and  pay  twenty 
dollars,  the  said  forfeiture  for  the  use  of  the  school  fund  ;  and  for 
the  second  offense,  he  shall  forfeit  his  commission  as  inspector,  and 
1:16  liable  to  a  fine  of  forty  dollars. 

DUTIES    OF    OVERSEEUS    OP    ROADS. 

§  2351.  Every  overseer,  immediately  after  his  appointment,  shall 
demand  of  every  person  within  his  district,  a  list  of  all  the  hands 
he  may  have,  liable  to  work  on  the  road,  which  demand  shall  be 
made  personally,  or  in  writing,  left  at  the  usual  place  of  abode  of 
the  person  applied  to  ;  and,  if  any  person  shall  refuse  or  neglect, 
for  tfie  space  of  ten  days,  to  deliver  to  the  overseer  the  list  so  re- 
quired, such  person  shall  forfeit  and  pay  the  sum  of  six  dollars  for 
each  hand  liable  to  work,  so  neglected  or  refused  to  be  given  in,  as 
aforesaid,  to  be  recovered  by  an  action,  in  the  name  of  the  board  of 
supervisors  of  the  county, "  for  the  use  of  the  county;  and  itis 
hereby  made  the  duty  of  "the  overseer  to  cause  such  action  to  be  in- 
stituted. 


§  2385,  Every  ferryman  shall  have  authority  to  keep  out,  or  put 
out,  of  his  ferry-boat,  "or  other  vessel,  any  person  who  shall  attempt 
or  press  to  enter,  or  who  shall  enter  or  stay  in  his  said  boat  or  ves- 
sel, contrary  to  his  orders  ;  and  any  person  so  doing,  contrary  to 
order,  shall"  forfeit  the  sum  of  ten  dollars  for  each  ofl'ense,  to  be  re- 
covered before  any  justice  of  the  peace,  by  any  person  who  will  sue 
for  the  same,  besides  being  liable  to  any  o'thcr  civil  or  criminal  pros- 
ecution. 

§  2386.  The  owner  or  keeper  of  any  ferry,  established  according 
to  law,  on  any  stream  of  water,  being  the  dividing  line  between  two 


Criines  Punishahle  hy  Fine.  301 

•e'Ounties,  shall  have  the  l•i,^■ht  of  hxadiny  on  the  opposite  side  of  such 
stream,  in  the  otlier  county,  and  to  unload  any  i>assengers,  wagons, 
carriages,  and  their  loading,  and  stock  of  all  kinds,  without  an}' 
hindrance  or  molestation  ;  and  an}-  ))erson  hindering  or  molesting 
such  landing  or  unloadina".  shall  forfeit  and  pay  to  the  owner  or 
keeper  of  such  fcny,  the  suiii  of  icii  di>ll;ii-<,  U>i-  ever}'  <'ffcr,so,  '/e- 
coverable  before  any  justice  of  the  peace. 


CKIMES  AND  OFFENCES  PUNISHABLE  BY  FINES  ALONE. 

.<  223.  "When  any  deputy  sheriff  hath  served  any  writ,  execution, 
attaclunent,  or  other  process  whatever,  he  shall  endorse  thereon  the 
date  of  the  service  thereof,  and  the  proper  return  of  his  proceed- 
ings, and  subscribe  his  own  name,  as  well  as  that  of  his  principal, 
thereto;  and  any  deputy  sheriff  failing  herein,  shall  be  fined  hy  the 
court,  not  exceeding  one  hundred  dollars,  for  the  use  of  the  county, 
en  motion,  and  reasonable  notice  to  said  deputy. 

v<  225.  Every  sheritf,  by  himself  or  his  deputy,  shall,  from. time 
to  time,  execute  all  writs  and  other  process  to  him  legally  issued 
and  directed  Avithin  his  county,  and  shall  make  due  return  thereof 
to  the  proper  court,  on  the  day  to  which  the  same  is  returnable  ; 
and,  if  an}'  sheriff  shall  fail  herein,  he  shall,  for  every  such  offense, 
be  fined  by  the  court  to  which  such  writ  or  process  is  returnable,  in 
any  sum  not  exceeding  one  hundred  dollars,  on  motion,  five  clays' 
previous  notice  thereof  being  first  given  to  said  sheriff;  one  moiety 
of  said  fine  to  the  party  aggrieved,  and  the  other  moiety  to  the  use 
of  the  county  in  wiiicli  said  line  is  imposed  ;  and  such  sheriff  and 
his  sureties  shall  likewise  be  liable  to  the  action  of  the  party  ag- 
grieved by  such  default,  for  all  damages  sustained  thereby,  ancl  also 
to  all  other  penalties  provided  by  law  for  such  offenses. 

§  226.  If  any  sherilT,  or  his  deputy,  coroner,  or  other  oflicer, 
shall  make  a  false  return  on  any  process  whatever,  to  him  directed, 
such  sheriff,  deputy,  coroner,  or  other  oflicer  shall,  for  every  such 
offense,  be  liable  to  pay  the  sum  of  five  hundred  dollars,  one-half 
to  the  plaintiff  in  such  process,  and  the  other  half  to  the  use  of  the 
county  in  which  such  fine  is  imposed,  recoverable  against  such  ofli- 
cer and  his  sureties,  or  such  oliicer  alone,  by  motion  before  the  court 
to  which  such  process  is  returnable,  after  five  days'  notice  of  such 
motion,  to  such  sheriff,  deputy,  coroner,  or  other  officer,  and  their 
respective  sureties.  Jf  the  return  alleged  to  be  false,  does  not  aj)- 
pear  on  the  face  of  the  record  to  be  so,  the  court  before  which  such 
niotion  is  made,  shall,  at  the  request  of  either  party,  immediately 
proceed  to  empannel  a  jury,  to  ascertain  Avhethcr  such  return  be 
false,  or  not,  on  an  issue  joined  under  the  direction  of  the  court  ; 
and  if  such  jury  shall  find  that  the  said  return  is  false,  judgment 
shall  be  entered  for  the  sum  aforesaid,  against  such  sherilf",  deputy, 
coroner,  or  other  oflicer.  and  their  respective  sureties,  with  double 
costs. 


302  Crimes  Punishable  by  Fine. 

^  243.  It'  any  person,  by  any  means  wliatever,  shall  willfully, 
inischievously,  injure  or  destroy  any  of  the  work,  materials  or  fur- 
niture of  said  court-house  or  jail,  or  deface  an}'  of  the  walls  or 
other  parts  thereof,  or  shall  write  any  obscene  words,  or  shall  make 
any  drawino-  or  character,  or  do  any  other  act,  either  on  said  build- 
in<*>-  or  the  walls  thereof,  in  violation  of  decency  or  propriety,  or 
shall  deface  or  injure  the  trees,  fences,  pavement,  or  soil,  ou  the 
o-rounds  belonging  thereto,  such  person,  for  every  such  offense, 
shall  forfeit  and  pay  a  sum  not  less  than  twenty  dollars,  nor  more 
than  fifty  dollars  ;  and  such  ofl'ense  is  made  cognizable  before  a  jus- 
tice of  the  peace  of  the  county  or  town  where  committed. 

§  320.  If  any  person,  elected  to  any  county  office,  shall  under- 
take to  execute  the  same,  or  discharge  tlu^  duties  thereof,  befoie  he 
shall  have  taken  the  or.th  of  ofHce,  and  given  bund,  as  lequired  by 
law,  he  shall  be  liable  to  indictment,  and  on  conviction,  may  be 
fined  not  exceeding  five  hundred  dollars,  to  the  use  of  the  common 
school. 

^  1729.  Any  tax  collector,  who  shall  willfully  fail  or  refuse,  within 
ten  days  after  the  time  appointed  by  law,  for  any  monthly  payment 
or  final  settlement,  to  make  the  same,  or  willfully  fail  or  refuse  to 
discharge  any  other  duty  required  of  him  by  this  chapter,  shall  bo 
deemed  guilty  of  a  misdemeanor,  and  on  indictment  and  conviction 
thereof,  he  shall  be  removed  from  office,  and  fined  not  exceeding 
one  thousand  dollars,  by  any  any  court  of  competent  jurisdiction. 

§  1733.  It  shall  not  be  lawful  for  any  person,  not  appointed  and 
qualified  as  an  auctioneer,  to  expose  to  sale  at  auction,  by  public  out- 
cry, any  goods,  wares,  merchandise  or  stock,  under  the  penalty  of  five 
hundred  dollars»for  each  offense  ;  p't'ovided,  that  this  section  shall  not 
apply  to  sales  of  the  property  of  deceased  persons,  or  to  any  sale  re- 
quired by  law,  or  made  under  the  judgment,  decree,  order  or  process 
of  any  court,  or  under  any  deed  of  trust,  or  mortgage  with"  a  power  of 
sale,  or  to  sales  made  by  any  one  of  his  own  property. 

DUTY    OF    MASTERS    OF    VESSELS    IN    KEGARD    TO    CERTAIN    POOPv. 

§  1989.  If  any  person  commanding  a  ship,  ve«sel,  steamboat  or 
other  water  craft,  shall  import  into  this  state,  or  bring  to  the  shores 
thereof,  any  infant,  lunatic,  maimed,  aged  or  infirm  person,  or  vagrant, 
who  is  likely  to  become  chargeable  on  the  county  or  town  in  which 
said  person  may  be  landed,  on  the  requisition  of  any  supervisor  of  the 
<listrict,  or  the  chief  magistrate  of  any  town  in  which  such  person  may 
be  landed,  the  captain,  master,  or  commander  of  such  ship,  vessel, 
steamboat  or  other  water  craft,  shall  enter  into  bond,  with  sufficient 
sureties,  payable  to  the  county  or  town,  conditioned  to  indemnify 
such  county  or  town,  against  all  charges  that  may  be  incurred  in  the 
support  and  care  of  such  person  ;  and  any  captain,  master  or  com- 
mander, who  shall  fail  or  refuse  to  give  the  bond  required  by  this  sec- 
tion, shall  forfeit  and  pay  to  the  county  or  town,  the  sum  of  two  hun- 
dred dollars  for  each  infant,  lunatic,  maimed,  aged  or  infirm  person, 
or  vagrant,  so  brought  into  the  state,  to  be  recovered  by  action,  before 


Crimes  Punishahle  by  Fine.  303 

:iny  court  having  jurisdiction ;  and  may  also  be  indicteil  hefbrf  any 
court  having  cognizance  thereof,  and  fined  in  tiie  suzn  of  one  liundred 
dollars,  for  every  person  so  unlawl'nlly  landed,  or  brought  into  the 
state. 

j<  1990.  When  any  sliip,  vessel  or  steaml)oat,  shall  arrive  at  any 
iwrt  or  harbor  within  this  state,  with  alien  passengers  on  board,  who 
are  to  be  landed  or  left  in  this  state,  and  who  may  become  a  charge  as 
paupers,  the  master  or  commanding  ollicer  of  such  vessel,  shall,  before 
the  said  passengers,  or  any  of  them,  leave  such  ship,  vessel  or  steam- 
boat, deposit  with  the  supervisor  of  the  district  where  such  passengers 
are  to  be  landed  or  left,  a  complete  list  of  their  names,  and  shall  forth- 
with enter  into  bond,  with  sufficient  sureties,  payable  to  the  county  or  to 
the  town,  in  a  sum  suflicient  to  indemnify  the  count}-  or  town,  with  con- 
dition to  indemnify  and  save  harmless  the  said  county  or  town,  from 
all  expenses  which  may  arise  from  su[)porting  or  maintaining  such 
alien  passengers  ;  and  in  default  of  such  bond,  such  captain,  master 
or  commander,  may  be  committed,  by  any  justice  of  the  peace,  or 
mayor  of  any  town,  until  the  bond  be  executed  ;  and,  moreover,  such 
captain,  master  or  commander,  shall  be  liable  to  be  indicted  for  a  vio- 
lation of  this  section,  on  conviction  before  a  court  having  jurisdiction, 
shall  be  fined  in  a  sum  of  one  hundred  dollars,  for  each  passenger 
landed  in  violation  of  this  section  ;  and  any  justice  of  the  peace,  or 
mayor  or  chief  magistrate  of  any  town,  shall  have  power  to  issue  a 
warrant  for  the  immediate  apprehension  of  any  person  who  may  vio- 
late the  provisions  of  this  section,  and  take  proper  recognizance  from 
the  offending  part)^  for  his  appearance  before  the  proper  court,  to 
answer  the  charge  against  him  ;  2^''ovided,  that  the  supervisor  of  the 
district,  or  the  mayor  or  chief  magistrate  of  any  town,  may  dispense 
with  such  bond,  if  it  shall  be  deemed  unnecessary  ;  and  2^rovided, 
also,  that  such  bond  may  be  dispensed  with,  if  the  master  or  com- 
mander will  pay  to  the  supervisor  of  the  district,  or  tf.  the  mayor  of 
any  town,  the  sura  of  ten  dollars  for  each  passenger  landed ;  and  in 
either  case,  the  supervisor,  or  the  mayor  or  chief  magistrate  of  tlie  town, 
shall  give  to  such  captain,  master  or  commander,  a  written  permit  to 
land  such  passengers  as  may  be  designated  therein. 

§  2431.  The  board  of  supervisors  of  any  county,  or  the  corpo- 
rate authorities  of  any  town  or  city,  through  whicli  any  telegraph 
line  may  run,  shall  have  full  power  and  authority  to  regulate,  within 
their  respective  limits,  the  manner  in  which  the  same  shall  be  con- 
structed and  maintained,  with  a  view  to  the  safe  and  convenient  use 
of  the  public  highways,  by  persons  traveling  thereon  ;  and  if  the 
proprietors  of  any  telegraph  line  shall  refuse  or  omit  to  comply  with 
such  regulations,  they  shall  be  liable  to  indictment,  and,  on  convic- 
tion, may  be  lined,  not  exceeding  one  hundred  dollars  for  each 
offense;  and,  moreover,  the  said  board  of  supervisors,  or  corporate 
authorities  of  such  town  or  city,  ma}'  cause  such  line  to  be  abated, 
within  their  respective  jurisdictions,  as  a  nuisance, 

HANKING    AXD     BANK    NOTES. 

,^  249S.     No  person,  who  is  not  authorized  by  law,  shall  suiiscribe 


oOi  Banlis  and  Banh  Jfotes. 

to,  or  l)coome  a  member  of,  or  be  in  any  way  interesteil  in  any  asso- 
ciation, institution  or  company  lormed,  or  to  be  1'ormed,  in  tiiis  state, 
for  the  purpose  of  issuing  notes  or  other  evidences  of  debt,  to  be 
loaned,  or  put  in  circulation,  as  money  ;  nor  shall  any  person,  unau- 
authorized  by  law,  subscribe  to,  or  become  in  any  way  interested, 
in  an;r  bank  or  fund  created  for  tlie  like  purpose;  and  ai^y  person  who 
shall  subscribe  to,  or  become  a  member  of  any  such  eouipany,  or 
interested  in  any  such  bank,  shall  forfeit  and  pay  the  sum  of  one 
thousand  dollars,  on  conviction  before  any  court  of  competent  juris- 
diction. 

§  2499.  No  incorporated  company,  without  being  authorized  by 
law,  shall  employ  any  part  of  its  money  or  elT'ects,  or  be  in  any  wa}' 
interested  in  any  fund  employed  for  receiving  deposits,  making  dis- 
counts, or  issuing  notes  or  other  evidences  of  debt,  to  be  loaned  or 
l)ut  in  circulation  ;  and  any  director,  agent  or  officer  of  any  incor- 
porated company,  who  shall  violate  the  provisions  of  this  section, 
maj'  be  indicted  therefor,  and  on  conviction,  shall  pay  a  line  of  one 
thousand  dollars, 

§  2501.  No  person,  without  express  authorit}'  by  law  to  do  so, 
shall  keep  any  office  for  issuing  an}''  notes,  bills,  certificates  of  de- 
posits, or  evidences  of  debt,  to  be  loaned  or  put  in  circulation  as 
money  ;  and  every  person  offending  against  the  provisions  of  this 
section  shall  be  liable  to  indictment,  and  on  con\'ictiun,  shall  be 
lined  in  a  sum  not  exceeding  one  thousand  dollars. 

§  2502.  No  person,  without  express  authority  by  law,  shall  issue 
any  note,  bill,  certificate  of  deposit,  or  other  securities,  payable  to 
order  or  bearer,  with  intent  to  put  the  same  in  circulation  as  mone}-, 
or  as  a  substitute  for  money ;  and  no  person  shall  pass,  or  offer  to 
pass  or  circulate,  any  such  note,  bill,  certificate  of  deposit,  or  other 
securit}',  so  issued  without  authority  of  law;  and  any  person  offend- 
ing against  the  provisions  of  this  section  shall  be  liable  to  indict- 
ment, and  on  conviction,  ma}'  be  fined  not  exceeding  two  hundred 
dollars. 

§  2503.  It  shall  not  be  lawful  for  any  person  to  circulate  or  pass, 
or  offer  to  pass,  any  bank  note,  or  certificate  of  deposit,  given  or 
made  by  this  or  any  other  state,  or  any  bill  or  other  issue  made  for 
circulation  by  any  such  corporation  or  bank,  in  or  out  of  the  state, 
of  a  less  denomination  than  live  dollars;  and  should  any  person 
offend  against  the  provisions  of  this  section,  such  person  shall  be 
liable  to  indictment,  and  on  conviction,  shall  be  fined  not  less  than 
twenty-live  dollars;  x>'>'ovidecl,  that  this  prohibition  shall  not  extend 
to  the  fractional  currency  of  the  United  States,  or  national  bank 
notes. 

s:>  2601.  If  any  guest  or  t>ther  [)ersou  shall  play  at  any  game, 
bank  or  table,  contrary  to  law,  in  a  tavern,  or  any  outhouse,  or  under 
any  booth,  arbor  or  other  place  upon  the  premises  in  possession  of 
any  tavei-n  keeper,  and  the  said  tavern  keeper  shall  not  forthwith 
give  information  of  the  olfense,  together  vv'ith  the  names  of  the 
orfenders,  to  some  justice  of  the  peace  of  his  county,  and  prosecute 
the  same,  the  tavern  keeper  so  in  possession  of  said  premises  shall. 


Lotteries,  Etc.  305 

upon  convicUuii  thereof,  be  liiUMl  not  less  tliaii  twenty  dollars,  nor 
more  thau  one  hundred  ilollars  ;  and,  moreover,  his  lieensc  shall  be- 
revoked,  either  before  or  after  conviction,  b}'  the  court  granting  the 
same,  whenever,  after  being  duly  summoned  to  show  cause  to  the 
contrary,  he  shall  fail  to  appear  before  the  court  and  satisfy  such 
court  that  he  did  not  know  of,  and  had  no  reason  to  suspect,  sucb 
playing,  gaming  or  betting. 

i^  2602.  Any  owner,  lessee  or  occupant  of  any  house,  outhouse, 
or  other  building,  who  shall  knowingly  permit  or  sufFcr  any  of  tbo 
before-mentioned  tables,  banks  or  games,  or  any  other  game  pro- 
hibited by  law,  to  be  carried  on  or  exhibited,  in  his  said  house,  out- 
house or  other  building,  or  on  his  lot  or  premises,  being  thereof 
convicted,  shall  pay  a  fine  of  not  less  than  one  hundred  dollai's,  nor 
more  than  two  thousand  dollars. 

i^  2G05.  If  any  person,  in  order  to  raise  money  for  himself  or 
another,  shall  publicly  or  privately  put  up  a  lottery  to  be  drawn  or 
adventured  for,  or  any  prize  or  thing  to  be  raffled  or  played  for,  or 
if  any  person  shall  sell,  or  expose  for  sale,  any  lottery  ticket,  or 
any  prize  or  prize  boxes,  such  person  shall  be  adjudged  guilty  of 
gaming,  and  on  conviction  thereof,  shall  be  fined  not  less  than 
twenty,  nor  more  than  two  thousand  dollars. 

§  2614.  Every  owner,  lessee  or  occupant  of  any  house  or  other 
building,  who  shall  sutler  or  permit  any  unlicensed  billiard  table  to 
be  carried  on  or  exhibited  for  public  play  in  his  house,  outhouse  or 
other  building,  being  convicted  thereof,  shall  pay  a  fine  of  not  less 
than  one  hundred  dollars,  nor  more  than  one  thousand  dollars. 

ij  2620.  If  any  person  shall  willfully  obstruct,  break,  injure  or 
destro}'  any  bridge,  causeway  or  ferry,  or  any  appurtenances  thereof 
which  shall  have  been  established  for  the  convenience  of  the  public 
by  the  proper  authority,  he  shall,  on  conviction  thereof,  be  fined  not 
more  than  one  hundred  dollars  for  each  violation  of  this  section,  to 
be  paid  into  the  state  treasury,  and  shall  be  liable,  further,  for  aU 
damage  occasioned  by  such  wrongful  act. 

S  2621.  All  overseers  of  roads  who  shall  refuse  or  neglect  to  do 
their  duty  in  any  respect,  as  required  by  law,  after  notice  of  their 
appointment  as  such,  shall,  on  conviction,  for  each  neglect,  be  fined 
not  more  than  fifty  dollars,  in  addition  to  the  penalties  recoverablc- 
by  law  before  a  justice  of  the  peace. 

,^  2622.  Any  person  who  shall  willfully  destroy,  deface  or  pull 
down  any  mile-post,  sign-board,  or  index  board,  shall,  on  conviction 
thereof,  be  fined  uot  more  than  one  hundred  dollars,  and  imprisoned 
not  more  than  one  week. 

§  2623.  If  any  person  shall  fell  any  bush  or  tree  into  any  publit- 
higliwa}',  or  obstruct  the  same  in  an}^  manner  whatever,  and  shall 
not  remove  the  same  immediately,  it  shall  be  deemed  a  nuisance,  and 
on  conviction  thereof,  the  offender,  in  addition  to  the  penalty  now 
recoveral)le  by  law,  shall  be  fined  not  more  than  fifty  dollars,  and  be- 
imprisoned  not  more  than  one  week. 

§  2624.     If  any  captain  or  master  of  a  vessel,  or  any  other  per- 
son, shall  obstruct,  or  cause  to  be  obstructed,  anj'  of  the  navigable 
20 


306  ,    TJwSahhathDay. 

hn,\s,  rivers,  creeks,  or  other  navigable  cliannels  or  passes  tliereof, 
in  any  manner  whatever,  on  conviction  thereof,  the  offender  shnll 
be  fined  not  more  than  one  thousand  dollars,  or  imprisoned  not 
longer  than  six  months,  or  by  both  such  fine  and  imprisonment. 

§  2625.  If  anv  overseer  of  any  road  shall  suffer  any  public  road 
in  his  district  to  remain  out  of  repair  for  more  than  ten  days  at  any 
one  time,  unless  hindered  by  extreme  bad  weather,  or  other  una- 
voidable cause,  on  conviction  thereof  shall  be  fined  not  more  than 
fift}-  dollars;  livovided,  that  the  indictment  shall  be  found  in  six 
months  after  the  expiration  of  his  term  of  ofiice. 

SABBATH — VIOLATION  OF. 

g  2679.  If  any  person,  on  a  sabbath  day,  commonly  called  Sunday, 
sJiall  himself  be  found  laboring  at  his  own,  or  any  other  trade,  call- 
ing or  business,  or  shall  employ  his  apprentices,  or  servant,  or  servants 
belonging  to  any  other  person,  in  labor,  or  other  business,  except  it  be 
in  the  ordinary  household  offices  of  daily  necessity  or  other  work  of 
necessity  or  charity,  he  shall,  on  conviction  be  fined  not  more  than 
twenty  dollars  for  every  offense,  deeming  every  apprentice  or  servant 
so  employed,  as  constituting  a  distinct  offense  ;  provided,  that  nothing 
in  this  section  shall  apply  to  railroads,  or  steamboat  navigation  in  this 
state. 

§  2680.  No  merchant,  shoj)keeper,  or  other  person,  except  apothe- 
caries and  druggists,  shall  keep  open  store,  or  dispose  of  any  wares  or 
merchandise,  goods  or  chattels,  on  Sunday,  or  sell  or  barter  the  same  ; 
and  every  person  so  offending,  shall,  on  conviction,  be  fined  not  more 
than  twenty  dollais  for  every  such  offense. 

§  2681.  If  any  person  shall  show  forth,  exhibit,  act,  represent, 
or  perform,  or  cause  to  be  shown  forth,  acted,  represented  or  perform- 
ed, any  interludes,  farces,  or  plays  of  any  kind,  or  any  games,  tricks, 
juggling,  slight  of  hand,  or  feats  of  dexterity,  agility  of  body,  or  any 
bear  baiting,  or  any  bull  baiting,  liorse  racing,  or  cock  fighting,  or  any 
such  like  show  or  exhibition,  whatsoever,  on  Sunday,  every  person,  so 
offending,  shall  be  fined  not  more  than  fifty  dollars. 

§  2683.  If  any  person  shall  be  found  hunting  with  a  gun,  or  with 
dogs,  on  the  Sabbath,  or  fishing  in  any  way,  he  shall,  on  conviction 
thereof  be  fined  not  less  than  five,  nor  more  than  twenty  dollars. 

§  2711.  If  any  person  shall  knowingly  cut,  fell,  alter,  remove  or 
destroy,  or  shall  cause  to  be  cut,  felled,  altered,  removed  or  destroyed, 
any  boundary  tree,  or  other  allowed  boundary  laud-mark,  to  the  wrong 
of  his  neighbor,  or  any  other  person,  he  shall,  on  conviction,  be  fined 
not  more  than  two  hundred  dollars,  nor  less  than  fifty  dollars. 

§  2740.  It  shall  not  be  lawful  for  any  person  to  hunt  deer,  or  other 
game  or  animals,  in  the  night  time,  with  fire,  except  within  his  own 
enclosure ;  and  any  jierson  violating  this  law,  shall,  on  indictment  and 
conviction,  be  liable  to  a  fine,  not  exceeding  one  hundred  dollars,  for 
each  offense,  and  shall,  moreover,  be  liable  in  a  civil  action,  to  the 
owner  of  any  horse,  neat  cattle,  hog,  sheep  or  other  domestic  animal, 
which  may  be  killed  or  wounded  in  such  unlawful  hunting,  in  double 
the  amount  of  ths  injury  sustained. 


Tax  Collections,  Etc.  oOT 

i^  2747.  If  liny  person  or  person?!,  shall  hereafter  willfully  disturb, 
tnolest,  or  interrupt  any  literary  society,  or  school  or  society  ionned  for 
the  intellectual  improvement  of  its  members,  or  any  ether  school  or 
society,  organized,  untler  any  law  of  this  state,  or  any  school,  society 
•or  meeting',  formed  or  corivened  for  the  improvement  in  music,  letters, 
<ir  for  social  amusement,  such  person  or  pers(jn?,  s3  olFendint:,  shnll  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
fined  in  any  sum  not  less  than  ten  dollars,  nor  more  than  fifty  dollars 
with  cost  of  prosecution,  and  shall  stand  committed  until  such  fine  and 
all  costs  are  paid. 

§  2832.  If  any  person  shall  assault,  beat,  challenge  to  fight,  or 
provoke  to  fight  any  person,  on  account  of  betting  or  gaming,  or  \\\u- 
ning  or  losing  money  at  any  game,  or  any  other  thing,  of  value,  the 
person  so  assaulting,  beating,  challenging  to  fight,  or  provoking  to  fight, 
being  thereof  convicied,  before  any  justice  of  the  peace,  in  addition 
to  the  penalties  provided  in  this  code,  in  the  circuit  court,  shall  forfeit 
and  pay  fifty  dollars,  to  be  collected  by  execution,  and  paid  into  the 
state  treasury,  for  school  purposes. 

§  2833.  If  any  person  shall  profanely  swear  or  curse,  or  shall  be 
drunk  in  any  public  place,  in  the  presence  of  two  or  more  persons,  he 
shall,  on  conviction  thereof,  before  any  justice  of  the  peace  of  the 
county,  where  the  same  may  happen,  be  fined,  not  more  than  ten  dol- 
lars for  each  offense,  and  shall  stand  committed  to  jail,  until  such  fine 
and  costs  are  paid  ;  such  fine  and  costs  to  be  for  the  use  of  public 
schools. 

Sec.  13.  Be  it  further  enacted,  That  all  persons  collecting  dues 
to  the  State  are  hereby  prohibited  from  exchanging  any  coin  or  currenc}' 
received  by  them  ior  such  dues  to  the  state,  for  certificates  of  indebt- 
edness, and  all  officers,  or  other  persons,  shall,  upon  payment  into  the 
state  treasury  of  any  such  certificates  collected  by  them,  take  and  sub- 
scribe to  the  following  oath,  which  shall  be  required  by  the  state  treas- 
urer, and  "which  ho  or  his  deputy,  or  any  other  officer,    authorized   to 

administer,    viz  :       I of Mississippi,   do    solemnly 

swear  that  each  and  all  of  the  certificates  of  indebtedness  herewitli 
presented  to  the  treasurer,  in  settlement  for  dues  to  the  State  collected 
by  me,  were  received  by  me  for  taxes  (or  dues  to  the  State),  and  that 
I  have  not  exchanged  with  any  person  or  persons,  any  coin,  or  United 
States  CJrraucy  received  by  me  in  the  collection  of  taxes,  or  other  dues 
to  the  State,  for  certificates  of  indebtedness  or  Auditor's  warrants  issued 
subsequent  to  the  first  of  April,  1874;  so  help  me  God. 

Sic.  14.  Be  it  further  enacted,  That  any  tax  collector,  or  other 
officer,  violating  tlie  provisions  of  section  13  of  this  act,  shall  be  deem- 
ed guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  not  less 
than  five  hundred  dollars  for  each  violation,  and  such  conviction  shall 
work  a  forfeiture  of  his  office  and  render  him  forever  thereafter  ineli- 
gible  to  any  office  of  profit  or  trust  in  this  state. 


Crimes  and  Offenses  Punishable  by  Fines  or  Imprisonment,  or  Both, 
§  1750.     Any  person   who  shall  exercise,  in   this  state,   any  of  the 


308  Telegrams — Elections. 

privileges  above  enumerated  (Art.  19,  Chap.  22)  without  first  paying 
the  price,  and  procuring  the  certiiicate  of  the  chancery  clerk,  as  requir- 
ed shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  before 
a  justice,  or  other  court  of  competent  jurisdiction,  shall  be  fined  not 
less  than  double  the  tax  imposed  by  said  section,  or  shall  be  imprisoned 
in  the  county  jail,  not  exceeding  six  months,  or  be  punished  by  both 
fine  and  imprisonment,  at  the  discretion  of  the  court. 

§  2436.  If  an}'  superintendent,  operator,  or  person  connected, 
in  any  capacity  whatever,  with  any  line  of  telegraph,  in  this  state^ 
shall  use,  or  cause  to  be  used,  or  make  known,  or  cause  to  be  made 
known,  the  contents  of  any  dispatch,  vyhich  may  be  sent  or  received 
over  such  telegraph  line,  without  the  consent  or  direction  of  the 
part}'  sending  or  receiving  the  same,  or  shall  fail  to  transmit  all  dis- 
patches filed  at  the  oHIce  of  which  he  is  the  superintendent  or  opera- 
tor, for  transmission  to  any  other  point,  without  divulging  or  making 
public  the  contents  or  purport  thereof,  without  like  consent,  as 
aforesaid,  such  person,  on  conviction  thereof,  shall  be  liable  to  be 
fined  not  exceeding  five  hundred  dollars,  or  imprisonment  not  exceed- 
ing six  months,  or  both,  at  the  discretion  of  the  court  ;  but  this 
article  shall  not  apply  to  any  dispatch  of  a  public  nature,  sent  with 
a  view  to  general  publicity. 

§  2486.  If  any  man  and  woman  shall  live  together,  in  unlawful 
cohabitation,  whether  the  same  shall  be  in  adulter}''  or  fornication, 
upon  conviction  thereof,  they  shall  be  fined  in  any  sum,  not  less 
than  one  hundred  dollars,  nor  more  than  five  hundred  dollars  each, 
and  imprisioned,  not  more  than  six  months,  or  by  such  fine  or  im- 
prisonment alone,  at  the  discretion  of  the  court. 

KLECTIONS — BRIBERY,   THREATS,  ETC. 

^  2515.  If  any  person  shall  offer  or  give  a  reward  to  another, 
for  the  purpose  of  inducing  him  to  persuade,  or  by  any  other  means, 
not  amounting  to  bribery,  to  procure  any  person  to  vote  at  any  elec- 
tion, for  or  against  any  person,  the  person  so  giving  or  offering  such 
reward,  shall,  upon  conviction  thereof,  be  imprisoned  in  the  county 
jail,  for  not  more  than  one  year,  or  fined  not  more  than  five  hundred 
dollars,  or  both,  at  the  discretion  of  the  court. 

§  2516.  Whoever  shall  procure,  or  endeavor  to  procure,  the  vote 
of  any  elector,  or  the  influence  of  any  person,  over  other  electors, 
at  any  election,  for  himself  or  any  candidate,  by  means  of  violence, 
tUreats  of  violence,  or  threats  of  withdrawing  custom,  or  dealing  in 
business  or  trade,  or  of  enforcing  the  payment  of  a  debt,  or  of 
bringing  a  suit  or  criminal  prosecution,  or  by  any  other  threat  or 
injury  to  be  inflicted  by  him,  or  by'his  means,  shall,  upon  convic- 
tion, be  punished  by  imprisonment  in  a  county  jail,  not  more  than 
one  year,  or  by  fine,  not  exceeding  one  thousand  dollars,  or  by  both 
such  fine  and  imprisonment. 

§  2536.  If  any  person  shall  unlawfully  disturb  any  election  for 
any  public  office,  in  this  state,  such  person  shall  l^e  liable  to  indict- 
ment, and  on  conviction,  may  be  fined  not  exceeding  five  hundred 
dollars,  and  imprisoned,  not  exceeding  six  months,  or  both  :  and  if 


Elections.  «  309 

the  returniuf;-  oflicer  shall  willfully  fail  to  report  to  the  district  attor- 
ney any  offender  against  the  i)rovisions  of  this  section,  he  shall  be 
liable  to  indictment,  and  pu  conviction,  ma}'  l)e  fined  not  exceeding 
five  hundred  dollars. 

§  2537.  Anj'  person  who  shall  vote  at  any  election,  not  iK'ing 
legally  qualified,  or  who  shall  vote  in  more  than  one  county,  or  at 
more  than  one  place  in  an^'  county,  or  in  any  city  or  town,  entitled 
to  separate  ]'epresentation,  or  who  shall  vote  for  raerabeis  of  the 
board  of  supervisors,  justice  of  the  peace,  or  constable,  out  of  the 
district  in  which  he  resides,  shall  be  liable  to  indictment,  and  on 
conviction,  shall  be  fined  not  exceeding  two  liundred  dollars,  or  be 
imprisoned  in  the  county  jai,  not  more  than  six  months,  or  by  both 
such  fine  and  imprisonment. 

§  2539.  Any  such  inspector,  or  other  officer,  who  shall  proceed 
to  any  election,  without  having  tiie  ballot-box  locked  and  secured, 
in  the  manner  directed  b\'  law,  or  who  shall  open  and  read,  or  con- 
sent to  an}'  other  person  opening  and  reading  any  l)allot  given  to 
him  to  be  deposited  in  the  box,  at  such  election,  before  it  is  put  into 
the  box,  without  the  consent  of  the  voter  giving  the  same,  shall, 
upon  conviction,  be  punished  by  imprisonment  in  a  county  jail,  not 
exceeding  six  months,  or  by  fine,  not  exceeding  three  hundred  dol- 
lars, or  by  both  such  fine  and  imprisonment. 

§  2540.  Any  inspector  or  returning  officer,  of  a  general  or  special 
election,  who,  before  the  votes  are  counted,  shall  dispose  of,  or  de- 
posit the  ballot  box,  in  a  manner  not  authorized  by  law,  or  shall,  at 
iiny  time  after  the  election  has  begun,  and  before  the  liallots  are 
counted,  give  the  key  of  the  ballot-box,  with  wdiichheis  entrusted, 
to  any  other,  shall,  upon  conviction,  l)e  punished  by  imprisonment 
in  a  county  jail,  not  exceeding  three  months,  or  by  fine  not  exceed- 
ing three  hundred  dollars,  or  by  both  such  fine  and  imprisonment. 

§  2541.  When  any  one  who  offers  to  vote  at  an  election,  shall  be 
objected  to  by  any  challenger,  as  a  person  unqualified  to  vote,  if  any 
inspector  of  such  elecUon  shall  permit  him  to  vote,  without  pro- 
ducing proof  of  such  qualification,  in  the  manner  directed  by  law, 
or  if  an}'  such  inspector  shall  refuse  the  vote  of  any  person  who 
shall  comply  with  the  requisites  prescribed  by  law,  to  ))rove  his 
qualifications,  knowing  him  to  be  entitled  to  vote,  or  if  an}'  inspec- 
tor shall,  knowingly  permit  an  unqualified  person  to  vote,  he  shall, 
upon  conviction,  be  punished  by  imprisonment  in  a  county  jail,  not 
<ixceeding  three  months,  or  by  fine  not  exceeding  two  hundred  dol- 
lars, or  by  both  such  fine  and  imprisonment. 

§  2543.  It  shall  not  be  lawful  for  any  military  officer,  or  other 
persons,  to  order,  bring,  or  keep  any  troops  of  armed  men  at  any 
place  within  a  mile  of  the  [)lace  where  any  general  or  special  election 
is  held,  unless  it  be  for  the  purpose  of  ([uelling  a  riot  or  insurrec- 
tion, in  the  manner  provided  by  law,  or  for  the  purpose  of  defense, 
in  time  of  war  ;  and  whoever  shall  violate  the  provisions  of  this 
section,  shall,  on  conviction,  be  punished  by  imprisonment  in  the 
county  jail,  not  exceeding  one  year,  or  by  fine,  not  less  than  five 
hundred  dollars,  or  by  both  such  fine  and  imprisonment  ;  and  if  the 


310  Dmeling— Escape  of  Prisoners. 

offense  shall  be  coramiUed  wiih  intent  to  influence  such  election,, 
the  person  convicted  thereof,  shall  forever  be  disqualified  to  hold 
anv  office  or  place  of  trust,  honor,  or  profit  under  the  laws  or  con- 
stitution of  this  state,  and  shall  be  punished  by  imprisonment  in 
the  penitentiary,  for  a  term  not  exceeding  two  years,  and  be  forever 
excluded  from  the  right  of  suffrage. 

g  2545.  If  any  person,  elected  to  any  office  in  this  state,  shall 
undertake  to  exercise  the  same,  or  discharge  the  duties  thereof,. 
without  first  having  taken  the  oath  of  office,  and  given  bond,  as- 
required  by  law,  he  shall  be  adjudged  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  not  more  than  five  hundred 
dollars,  or  imprisoned  not  longer  thanone  year,  at  the  discretion  of 
the  court,  or  by  both  such  fine  and  imprisonment. 

DUELING. 

§  2531.  Every  person  who  shall  challenge  another  to  fight  a  duel, 
or'who  shall  send,  deliver,  or  cause  to  be  delivered,  any  written  or 
verbal  message,  purporting  or  intended  to  be  such  challenge,  or  who 
shall  accept  any  such  challenge  or  message,  or  who  shall,  knowingly 
carry,  or  deliver  any  such  message  or  challenge,  or  wdio  shall  be 
present  at  the  time  of  fighting  any  duel  with  deadly  weapons,  either 
as  second,  aid,  or  surgeon,  or  who  shall  advise  or  give  assistance  to 
such  duel,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  less 
than  three  hundred  dollars,  nor  exceeding  one  thousand  dollars,  or 
be  imprisoned,  not  less  than  six  months,  in  the  county  jail,  or  by 
both  such  fine  and  imprisonment. 

§  2534.  If  any  person  shall  be  guilty  of  fighting,  and  shall,  in 
such  fight,  use  any  rifle,  shot-gun,  sword,  sword-cane,  pistol,  dirk, 
bowie  knife,  dirk-knife,  or  any  other  deadly  weapon,  or  if  any  per- 
son shall  be  second  or  aid  in  any  such  fight,  the  person  so  offending 
shall  be  fined  not  less  than  three  hundred  dollars,  or  shall  be  im- 
prisoned, not  less  than  three  months,  or  punished  by  both  such  fine 
and  imprisonment  ;  and  if  any  person  shall  be  killed  in  such  fight^ 
the  person  so  killing  the  other,  may  be  prosecuted  and  convicted,  as 
in  other  cases  of  murder. 

ESCAPE  OF  rUlSONERS. 

§  2553.  Every  person  who,  by  any  means  whatever,  shall  aid  or 
assist  any  prisoner,  lawfully  committed  to  any  jail  or  place  of  con- 
finement, in  execution  of  any  conviction  for  an}  criminal  offence,  other 
than  felony,  whether  such  escape  be  effected  or  not,  or  who  shall  con- 
vey into  such  jail  or  place  of  confinement,  any  disguise,  instrument, 
arms,  or  other' things,  proper  or  useful  to  facilitate  the  escape  of  any 
prisoner  so  committed,  whether  such  escape  be  effected  or  attempted, 
or  not,  shall  be  punished  by  imprisonment  in  a  county  jail,  not  ex- 
ceeding one  year,  or  by  fine,  not  exceeding  five  huudred  dollars,  or  by 
both  such  fine  and  imprisonment. 

§  2555.  Every  person  who  shall  aid  or  assist  any  prisoner  in  escap- 
ing, or  attempting  to  escape,  from  the  custody  of  any  sheriff,  coroner., 
marshal,  constable,  or  other  officer  or  person,  who  shall  have  the  law- 


Mercantile  Labels.  '         311 

i'ul  charge  of  such  prisoner,  upon  any  criminal  charge,  .sliall,  upon  con- 
viction, be  punished  by  imprisonment  in  a  county  jail,  iiot  exceeding 
one  year,  or  hy  fine,  not  exceeding  live  lunidred  dollars,  or  by  both 
such  fine  and  imprisonment. 

><  255C).  If  any  private  person  have  any  prisoner  in  his  keeping, 
arrested  on  suspicion  of  felony,  treason,  murder,  or  other  offense,  and 
the  person  who  is  so  arrested  escape,  by  his  willful  act  or  negligence, 
then  the  person  from  whom  such  prisoner  so  escaped,  shall,  upon  con- 
viction, be  fined  in  a  sum  not  more  tlian  one  thousand  dollars,  and  im- 
prisoned in  a  county  jail,  not  longer  than  one  year,  or  by  both  such 
fine  and  imprisonment. 

.s^  2557.  If  any  sheriff",  jailer,  coroner,  marshal,  coiistalilo,  or  other 
officei',  shall  willfully  and  corruptly  refuse  to  execute  any  lawful  pro- 
cess, directed  to  him  or  any  of  them,  requiring  the  apprehension  or 
confinement  of  any  person,  charged  with  a  criminal  offense,  or  sliall 
corruptly  and  willfully  omit  to  execute  such  process,  by  which  such 
person  shall  escape,  or  shall  willfully  refuse  to  receive,  in  any  jail 
under  his  charge,  any  oflfender  lawfully  committed  to  such  jail,  and 
ordered  to  be  confined  therein,  on  any  criminal  charge  or  conviction, 
or  any  lawful  process  whatever,  or  shall  suffer  any  person,  lawfully 
committed  to  his  custody,  to  escape  and  go  at  large,  either  ^villfully  or 
negligently,  or  shall  receive  any  gratuity  or  reward,  or  any  security  or 
engagement  for  the  same,  to  procure,  assist  or  connive  at,  or  permit 
any  prisoner  in  his  custody,  on  any  criminal  charge  or  conviction,  to 
escape,  whether  such  escape  be  attempted  or  effected,  or  not,  he  shall, 
upon  conviction,  I)e  punished,  by  imprisonment  in  the  county  jail,  not 
exceeding  one  year,  or  by  fine,  not  exceeding  one  tliousand  dollars,  or 
by  both  such  fine  and  imprisonment. 

§  2562.  Every  person  lawfully  imprisoned  in  a  county  jai!,  who 
shall  escape  therefrom,  or  who  shall  attempt,  by  force  or  violence,  to 
escape  therefrom,  shall,  upon  conviction,  be  imprisoned  in  the  county 
jail,  not  more  than  one  year. 

COUNTERFEITING  MERCANTILK  LABELS,  ETC. 

§  2595.  Every  person,  who  shall  knowingly  and  willfully  forge  or 
counterfeit,  or  cause  or  procure  to  be  forged  or  counterfeited,  any  rep- 
resentation, likeness,  similitude,  copy  or  imitation,  of  the  private 
stamps,  wrappers  or  labels,  usually  affixed  by  any  mechanic  or  manu- 
facturer to,  and  used  by  such  mechanic  or  manufacturer  on,  in  or  about 
the  sale  of  any  goods,  wares  or  merchandise,  with  intent  to  deceive  or 
defraud  the  purchaser  or  manufacturer  ot  any  goods,  wares  or  mer- 
chandise whatsoever,  upon  conviction  thereof,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  ])e  punished  by  impi'isonment  in  the 
county  jad,  for  a  term  not  less  than  three  months,  nor  more  than  two 
years. 

§  2590.  Every  person  Avho  shall  have  in  his  possession  any  die, 
plate,  engraving,  or  printed  label,  stamp  or  wrapper,  or  any  representa- 
tion, likeness,  similitude,  copy  or  imitation  of  the  private  stamp,  wrap- 
per or  label  usually  fixed  by  any  mechanic  or  manufacturer  to,  and 
used    by  such  mechanic  or  manufacturer,   on.  in  or  about  the  sale  of 


312  Gamiiii 


j=> 


tiay  goods,  wiires  or  merchandise,  with  'nteat  to  use  or  sell  the  said 
<lie,  plate  or  engraving,  or  printed  stamp,  label  or  wrapper,  for  the 
purpose  of  aiding  or  assisting,  in  any  way  whatever,  in  vending  any 
goods,  wares  or  merchandise,  in  imitation  of,  or  intended  to  resemble 
and  be  sold  for  the  goods,  wares  or  merchandise  of  such  mechanic  or 
manufacturer,  shall,  upon  conviction  thereof,  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  i)unished  by  imprisonment  in  the  county 
jail,  for  a  term  not  less  than  three  months,  nor  more  than  one  )'ear. 

§  2597.  Every  person  who  shall  vend  any  goods,  wares  or  mer- 
cliandise,  having  thereon  any  forged  or  counterfeit  stamp  or  label,  im- 
itating, resembling  or  purporting  to  be  the  stamp  or  label  of  any  me- 
chanic or  manufacturer,  knowing  the  same  to  be  forged  or  counter- 
feited, and  resembling  and  purporting  to  be  imitations  of  the  stamps 
<jr  labels  of  such  mechanic  or  manufacturer,  without  disclosing  the  fact 
to  ihe  purchaser  thereof,  shall,  upon  conviction,  be  deemed  guilty  of  a 
misdemeanor,  and  shall  he  punished  by  imprisonment  in  the  county 
jail,  tor  a  term  not  exceeding  one  year,  and  by  a  fine,  not  less  than 
lifty,  nor  more  than  five  hundred  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

GAMING. 

§  2598.  If  any  person  shall  encourage,  promote  or  play  at  any 
game,  play  or  amusement,  for  money  or  other  valuable  thing,  or  shall 
wager  or  bet,  promote  or  encourage  the  wagering  or  betting,  any  money 
or  oilier  valuable  thing  upon  any  game,  play,  amusement,  cock  fight  or 
duel,  or  upon  the  result  of  any  election  whatever,  upon  conviction 
thereof,  shall  be  fined  in  a  sum,  not  less  than  twenty  dollars,  nor  more 
than  five  hundred  dollars  ;  and  unless  such  fine  and  costs  be  immedi- 
ately paid,  shall  be  imprisoned  for  any  period,  not  more  than  twenty 
days,  nor  less  than  live  days,  at  the  discretion  of  the  court. 

§  2599.  If  any  judge  of  any  court,  or  any  justice  of  the  peace,  or 
attorney-general  or  district  attorney,  or  any  constable,  sheriff',  or  cor- 
oner, or  any  person  charged  by  law  with  the  custody  of  public  money, 
shall  violate  the  provisions  of  the  foregoing  section,  such  person  so 
ofiending,  on  conviction  thereof,  shall  be  fined  in  the  sum  of  five  hun- 
dred dollars,  and  be  imprisoned  for  the  space  of  twenty  days,  or  less, 
at  the  discretion  of  the  court ;  and  in  case  any  public  ofiicer  shall,  in 
any  manner,  use  or  loan  public  money  in  his  hands  by  virtue  of  his 
office,  in  any  game,  wager,  or  bet,  on  conviction  thereof,  his  commis- 
sion shall  thereby  be  deemed  vacated,  and  the  vacancy  supplied,  as  iu 
case  of  death,  resignation  or  removal  from  office. 

§  2600.  If  any  person  shall  be  guilty  of  keeping  or  exhibiting  any 
game,  or  gaming"  table,  commonly  called  A  B  C  or  E  O,  roulette,  or 
rowleypowley,  or  roiige-etnoir,  rondo,  pool,  keno,  monte,  or  any  faro 
bank,  or  other  game,  gaming  table,  or  bank  of  the  same  or  like  kind, 
■or  any  other  kind  or  description,  under  any  other  name  whatever,  or 
shall  be  in  any  manner,  either  directly  or  indirectly,  interested  or  con- 
cerned in  any  of  the  aforesaid  gaming  tables,  bank  or  games,  either  by 
furnishing  money  or  articles  for  the  purpose  of  carrying  on  the  same, 
•being  interested  in  the  lo.-^s  or  gain  of  said   table,   bank  or  games,  or 


.    Ohstructing  Roads — Stealing.  313 

employed  m  any  manner  in  conducting,  carrying  on,  or  exhibiting  said 
gaming  tables,  games  or  banks,  every  person  so  offending,  and  being 
thereof  convicted,  shall  pay  a  fine,  at  the  discretion  of  the  court,  not 
exceeding  two  thousand  dollars,  or  imprisoned,  not  longer  than  six 
months  in  the  county  jail,  or  by  both  such  fine  and  imprisonment. 

i^  2603.  All  moneys  exliibited  for  tlie  pur|)ose  of  betting,  or 
alluring  persons  to  bet  at  any  game,  and  all  moneys  slaked  or 
betted,  shall  be  liable  to  seizure,  by  any  justice  of  the  peace  of  the 
county  in  which  such  otfense  shall  be  committed,  or  by  any  other 
person,  under  a  warrant  from  such  justice  or  other  peace  ollicer; 
and  all  such  moneys,  so  seized,  shall  be  accounted  for  by  the  person 
making  the  seizure,  to  the  justice  of  the  peace,  or  other  ofllcer 
issuing  such  warrant,  and  be  paid  by  him  into  the  treasury  of  the 
county,  deducting  thereout  fifty  per  centum  upon  all  moneys  so 
seized,  to  the  person  making  the  said  seizure. 

§  260-4.  Any  person  or  persons,  who  shall  oppose  the  seizure  of 
any  sucii  money  as  above  described,  by  any  person  so  authorized  to 
make  it,  shall  be  liable  to  a  penalty  of  fifteen  hundred  dollars,  on 
conviction  thereof;  and  any  person  >vho  shall  take  and  carry  away 
any  part  of  said  money,  alter  the  said  seizure  shall  l)e  declared,  shall 
lie  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
fined  and  imprisoned,  at  the  discretion  of  -the  court. 

§  2G06.  Any  person  of  full  age,  who  shall  bet  any  money,  or 
thing  of  any  value,  with  a  minor,  or  allow  a  minor  to  bet  at  any 
game  or  gaming  table  exhibited  by  him,  or  in  which  he  is  interested 
or  in  any  manner  concerned,  on  conviction  thereof,  shall  be  fined 
not  less  than  three  hundred  dollars,  and  imprisoned  not  less  than 
three  months. 

S  2016.  If  any  person  shall  keep  or  exhibit  any  billiard  table, 
for  public  play,  or  shall,  in  any  way,  be  concerned  or  interested  in 
such  billiard  table,  without  having  a  license  therefor,  he  shall  pay  a 
fine  of  not  less  than  five  hundred  dollars,  or  be  imprisoned  not  less 
than  six  months,  or  by  both  such  fine  and  imprisonment. 

OBSTRUCTING  ROADS. 

g  2626.  ir  any  person  shall  wantonly  or  negligently  obstruct  or 
injure  any  railroad,  or  plank  road,  in  this  state,  or  any  covered  road, 
on  conviction  thereof,  he  shalt  be  fined  not  more  than  two  thousand 
d.ollars,  or  imprisonment  not  longer  than  twelve  months  in  the 
county  jail,  or  b}'  both  such  fine  and  imprisonment. 

STEALING  OR  RE-MOVING  PERSONAL  PROPERTY. 

^  2053.  If  any  person,  who  shall  feloniously  taivc,  steal,  and 
carry  away,  any  personal  property  of  another,  under  the  value  of 
ten  dollars,  he  "shall  be  deemed  guilty  of  petit  larceny,  and  shall  be 
punished  by  imprisonment  in  a  county  jail,  for  a  term  not  exceeding 
three  months,  or  by  fine,  in  any  sum  not  exceeding  one  hundred  dol- 
lars, or  by  both  such  fine  and  imprisonment,  at  the  discretion  of 
the  court. 

§  2658.     If  any    person   shall   move,  or  cause   to  be  removed,  to 


.'f 


314  Dangerous  Weapons — Wills- 

au}'  place  be^'ond  the  jurisdiction  of  this  state,  an}^  personal  prop- 
erty, wliicli  shall,  at  the  time  of  such  removal,  be  under  written 
pledge,  or  mortgage,  or  deed  of  trust,  and  liens  b}'  judgment,  in  this 
state,  with  intent  to  defraud  the  pledgee,  mortgagee,  trustee,  oi' 
cesiui  que  trust  of  said  property,  said  person  shall  be  deemed  guilt}' 
of  a  misdemeanor,  and  upon  conviction  thereof,  before  any  court  of 
competent  jurisdiction,  shall  be  fined  not  less  than  one  thousand 
dollars,  or  imprisoned  in  the  county  jail,  not  less  than  three,  nor 
more  than  twelve  months,  or  by  both  such  fine  and  imprisonment,, 
at  the  discretion  of  the  court. 

§  2659.  If  any  person  shall  remove,  or  cause  to  be  removed,  or 
shall  aid  or  assist  in  removing,  to  any  place  beyond  the  jurisdiction 
of  this  state,  an}'  personal  property,  upon  which  there  shall,  at  the 
time  of  such  removal,  be  any  judgment  or  execution  lien,  within 
this  state,  with  intent  to  deprive  the  person  entitled  to  the  benefit 
of  such  lien,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  in  any  sum  not  more  than  five 
hundred  dollars,  or  be  imprisoned  in  the  county  jail,  not  less  than 
one,  nor  more  than  six  moi.ths,  or  by  both  such  fine  and  imprison- 
ment, at  the  discretion  of  ..he  court. 

IMPROPER  USE  OF  DANGEROUS  ■\VE2iPONg. 

^  2699.  If  any  person,  having,  or  carrying  any  dirk,  dirk-knife, 
sword,  sword-cane,  gun,  pistol,  or  other  fire-arms,  or  other  deadly 
weapon,  shall,  in  the  presence  of  three  or  more  persons,  exhibit  the 
same,  in  a  rude,  angry,  or  threatening  manner,  not  in  necessary  self- 
defense,  or  shall,  in  any  manner,  unlawfully  use  the  same,  in  any 
fight  or  quarrel,  the  person  so  offending,  upon  conviction  thereof^ 
shall  be  fined  in  a  sum  not  exceeding  five  hundred  dollars,  or  be  im- 
prisoned in  the  common  jail,  not  exceeding  three  months,  or  by  both 
such  fine  and  imprisonment.  [And  such  gun,  pistol,  or  other  fire- 
arms, when  exhibiteil  in  a  rude,  angry,  or  threatening  manner,  shall 
be  held  and  deemed  'prima  facie,  a  deadly  weapon,  without  any  proof 
that  the  same  was  loaded  with  powder,  shot,  or  ball.] 

CONCEALING   OR   DESTROYING  WILLS. 

jj  2700.  If  any  person  shall  willfully  alter  or  destroy  any  will  or 
codicil,  without  the  consent  of  the  party  making  the  same,  or  shall 
willfully  secrete  the  same  for  six  months  after  the  death  of  the  tes- 
tator shall  be  known  to  him,  the  person  so  offending,  on  conviction 
thereof,  shall  be  fined  or  imprisoned  in  the  common  jail,  or  both,  at 
the  discretion  of  the  court. 

DAMAGE    TO  TELEGRAPH  LINES. 

§  2702.  Any  person  Avho  shall  intentionally  or  negligently,  in 
anywise  obstruct,  injure,  break,  or  destroy,  or  in  any  manner  inter- 
rupt any  telegraph  line,  in  this  state,  or  communication  thereon,, 
between  any  two  points,  by  or  through  which  the  said  line  may  pass, 
shall,  on  conviction  thereof,  be  fined,  at  the  discretion  of  the  court, 
not  more  than  one  thousand  dollars,  or  imprisonment  not  longer 
than  twelve  months,  or  by  both  such  fine  and  imprisonmen'".. 


Libel,  Etc.  315 

§  2435.  If  any  person  shall  willfully  injure,  or  in  any  manner  ob- 
struct, or  interrupt,  the  working  of  any  telegraph  line  in  this  state,  or 
shall  willfully  destroy,  cut  down,  or  injure  any  post,  or  other  support 
of  the  wires,  insulators,  or  other  fixtures  necessary  to  the  working  of 
said  telegraph  lines,  or  shall  cut,  break  or  destroy  the  wires,  or  shall 
place  any  wires,  or  other  substance  whatrver,  in  contact  with,  or  toucli- 
ing  the  wires  or  other  lixturea  of  said  telegraph  line,  so  as  to  impede, 
or  in  anywise  interfere  with  tiie  operations  tliereof,  or  shall  take,  carry 
away,  injure  or  destroy,  any  of  the  posts,  wires,  insulators,  or  other  fix- 
tures or  things  belonging  to  sucli  telegraph  lines,  during  any  tempo- 
rary suspension  of  the  operations  thereof,  from  accidental  causes,  such 
person  shall  be  liable  to  indictment,  and  on  conviction,  may  be  fined 
not  exceeding  five  hundred  dollars,  or  imprisoned  not  exceeding  six 
months,  or  both,  at  the  discretion  of  the  court;  and  shall,  moreover  be 
liable  to  all  damages  suffered  by  reason  thereof. 

DAMAGED  TROVISIONS. 

§  2704.  Any  person  who  shall  knowingly  anil  willfully  sell,  or 
hold,  or  off^er  for  sale,  any  tainted,  putrid,  uusouna,  unwholesome,  or 
numerchantable  flour,  or  other  provisions,  as  sound  and  good,  or 
shall  practice  any  fraud  or  deception,  to  put  off  and  sell  any  dam- 
aged, unsound,  or  unmerchantable  provisions,  shall,  upon  conviction 
thereof,  be  punished  by  fine  not  exceeding  five  hundred  dollars,  or 
imprisoned  in  the  common  jail,  not  more  than  thirty  da3-s,  or  b}' 
both  such  fine  and  imi)ribonment. 

LtBEL. 

§  2706.  Any  person  who  shall  be  convicted  of  writing  or  publish- 
ing any  libel,  or  speaking  words  made  actionable  by  law,  shall  be 
fined  in  such  sum,  or  imprisoned  for  such  term,  as  the  court,  in  its 
discretion,  may  adjudge,  having  regard  to  the  nature  and  enormity 
of  the  olfense,  or  by  both  such  fine  and  imprisonment. 

MALICIOUS  INJURY  TO  PROPEKTY. 

§  2708.  Any  person  who  shall  maliciously,  either  out  of  a  spirit  of 
revenge,  or  wanton  cruelty,  or  who  shall  mischievously  kill,  maim  or 
wound,  or  injure  any  horse,  mare,  gelding,  mule,  sheep,  cattle,  hog, 
dog,  poultry,  or  other  live  stock,  or  cause  any  person  to  do  the  same, 
shall  be  fined,  in  any  sum  not  less  than  fifty,  nor  more  than  three  hun- 
dred dollars,  or  be  imprisoned,  for  any  term  not  exceeding  six  motiths, 
or  by  both  such  fine  and  imprisonment ;  but  the  penalty  in  this  section 
mentioned,  shall  not  apply  to  any  person  who  may  injure  animals 
found  in  the  act  of  trespassing  within  his  enclosure,  and  who  has  paid 
or  tendered  to  the  owner  of  the  animal,  full  compensation  for  the  injury 
inflicted. 

^5  2709.  Every  person  who  shall  maliciously  or  mischievously  de- 
stroy, disfigure  or  injure,  or  cause  to  be  destroyed  or  injured,  any  prop- 
erty of  another,  either  real  or  personal,  shall  l)e  deemed  guilty  of  ma- 
licious mischief,  and,  upon  conviction  thereof,  shall  be  fined  in  a  sum 
two-fold  the  value  of  the  property  destroyed,  or  of  the  damage  done, 
and  be  imprisoned,  for  any  time,  not  exceeding  twelve  months. 


31G  Contagious  Diseases,  etc. 

ACTING  AS  BROKER  WITHOUT  LICENSE. 

§  2718.  If  any  person  shall  buy,  sell,  barter  or  exchange,  any  gold, 
silver  or  bank  notes,  or  any  drafts,  or  bills  for  the  payment  of  money, 
as  a  broker  or  factor,  without  a  license  first  had,  on  conviction  thereof, 
he  sliall  be  fined  not  more  than  five  hundred  dollars,  and  imprisoned 
in  the  common  jail,  not  longer  than  six  months. 

IMPORTING  CONTAGIOUS  DISEASES. 

^  2719.  If  any  person  shall  wilfully  and  knowingly  import  or  bring 
into  this  state,  or  into  any  county  thereof,  from  another  county,  the 
sraall-pox,  or  any  other  contagious  or  infectious  disease  or  matter 
thereof,  with  the  design  to  spread  the  same  by  inoculation  or  otherwise, 
or  shall  inoculate,  or  procure  inoculation,  for  said  diseases,  or  any  or 
either  of  them,  alter  such  disease  may  have  been  introduced,  except  as 
provided  by  law,  the  person  so  offending  shall,  on  conviction,  be  fined 
not  more  than  two  thousand  dollars,  and  be  imprisoned  not  more  than 
one  year,  for  each  offense  so^committed,  or  by  both  such  fine  and  im- 
prisonment. 

FRAUDULENT  RACKING  OF  COTTON. 

§  2720.  If  any  person  shall  fraudulently  pack  or  bale  cotton,  he 
shall,  on  conviction  thereof,  be  fined  not  more  than  five  hundred  dol- 
lars, and  imprisoned  not  more  than  six  mouths,  at  the  discretion  of 
the  court. 

BUYING  STOLEN  COTTON,  CORN,  ETC. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Missis- 
sippi, That  hereafter,  it  shall  be  a  misdemeanor,  under  the  laws  of  this 
state,  for  any  person  or  persons,  to  buy  or  sell,  either  by  paying  or  re- 
ceiving money  thereof,  or  by  exchange  or  barter  of  property  of  any 
description  thereof,  or  deliver  or  receive  under  contract  of  sale  of  pur- 
chase, any  cotton  in  the  seed,  or  ginned  but  not  baled,  between  the 
hours  of  sunset  on  any  day  and  sunrise  on  the  day  next  succeeding. 

Sec  2.  Be  it  further  enacted,  That  it  shall  also  be  a  misdemeanor 
for  'any  person,  not  regularly  engaged  as  principal,  or  clerk,  in  the 
mercantile,  warehouse,  grocery,  livery  or  feed  stable  business,  paying 
a  privilege  tax  under  the  laws  of  the  state,  to  sell,  or  exchange,  or  bar- 
ter any  Indian  corn,  or  wheat,  between  the  hours  of  sunset  on  any  day, 
and  sunrise  on  the  day  next  succeeding,  saving  and  excepting  that 
green  corn  for  table  use  may  be  bought  and  sold  by  any  person  between 
daybreak  and  sunset  of  any  day. 

Sec.  3.  Be  it  further  enacted.  That  it  shall  also  be  a  misdemeanor 
for  any  principal,  clerk,  or  employee,  engaged  in  the  mercantile,  ware- 
house, grocery,  livery  or  feed  stable  business,  or  any  other  person,  not 
being  at  the  time  a  wayfaring  man  or  traveler  who  buys  corn  to  feed 
immediately  to  his  beast,  to  buy  or  exchange,  trade  or  barter  for  any 
Indian  corn  or  wheat,  between  the  hours  of  sunset  on  any  day,  and 
sunrise  on  the  day  next  succeeding.     (Approved,  March  15,  1876.) 

FRAUDULENT  WEIGHING  OF  COTTON. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Missis- 
sippi, That  it  shall   not  be  lawful  for  any  person  or  persons  who  are 


Masks  and  Disguises.  '^17 

employed  by  iiny  merchant,  wan.'lioii.semaii  or  oilier  {)er>i)n,  as  weiffhers 
of  cotton  or  other  article  of  produce,  to  give  a  certificate  for  a  less 
amount  than  the  actual  weight  of  the  same,  deductions  for  mud  and 
water  only  excepted. 

Sec.  2.    That  any  receipt,  memorandum  or  other  instrument  of  writ- 
ing, by  which  it  is  made  to  appear  that  the  producer  receives  credit  for 
a  less  amount  than  the  actual  weight  of  the  article  or  articles  weighed, 
shall  be  deemed  and  held  to  be  a  fraudulent  certificate  under  the  pro 
visions  of  this  act. 

Sec.  3.  15e  it  further  enacted,  That  any  person  or  persons  who  shall 
be  found  guilty  of  a  violation  of  this  act,  by  any  court  of  competent 
jurisdiction,  shall,  upon  conviction,  be  fined  not  less  than  five  nor  more 
than  one  hundred  dollars,  or  shall  be  imprisoned  not  exceeding  six 
months,  or  both  fine  and  imprisonment,  at  the  discretion  of  the  court. 
(Approved,  March  6,  1872.) 

MASKS  AND  DISGUISES. 

§  2722.  If  any  person  or  persons,  masked  or  in  disguise,  shall  prowl 
or  travel,  or  ride  or  walk,  or  be  in  the  country  or  towns,  or  in  any 
public  place,  in  this  state,  to  the  disturbance  of  the  peace,  or  the  ter- 
ror or  the  alarming  of  the  citizens  of  any  portion  of  this  state,  on  con- 
viction thereof,  he  or  thej  shall  be  fined,  not  less  than  one  hundred, 
nor  more  than  five  hundred  dollars,  and  imprisoned  in  the  jail  of  the 
county  wherein  convicted,  at  the  discretion  of  the  court  before  which 
the  conviction  is  had. 

§  2725.  Any  person  or  persons,  not  masked  or  disguised,  who  shall 
be  found  to  be  voluntarily  associating  and  keeping  company  with  any 
person  or  persons,  found  prowling  or  traveling,  masked  or  disguised. 
in  the  country,  or  in  any  town,  or  in  any  public  place  in  this  state, 
shall  be  deemed  guilty  of  a  violation  of  this  article,  and  upon  convic- 
tion, shall  be  punished  in  the  same  manner,  and  to  the  same  extent,  as 
he  or  they  might  have  been,  had  they  been  found  prowling  or  traveling, 
masked  or  disguised,  as  hereinbefore  provided. 

§  2726.  Whenever  any  person  or  persons  shall  be  found  prowling 
or  traveling,  masked  or  in  disguise,  in  the  country,  towns,  or  in  any 
public  place  in  this  state,  it  shall  be  the  duty  of  every  peace  officer, 
and  other  person  or  persons,  to  demand  of  such  offender  or  offenders, 
that  he  or  they  immediately  unmask,  or  take  oft  his  or  their  disguise, 
as  the  case  may  be  ;  and  npon  the  neglect  or  refusal  of  such  person 
or  persons,  so  masked  or  disguised,  to  immediately  comply  with  such 
demand,  it  shall  be  the  duty  of  said  peace  (■fficer,  or  other  person  or 
persons,  to  arrest  the  offender  or  offenders,  either  with  or  without  pro- 
cess, and  take  him  or  them  before  the  nearest  magistrate,  having  juris- 
diction thereof,  which  he  or  they  can  find,  to  be  dealt  with  according 
to  law  ;  and  to  this  end,  such  peace  officer,  or  other  person  or  persons, 
so  authorized  to  make  such  ari-est,  may  call  to  his  or  their  aid,  any 
and  all  by-standers  necessary  to  make  such  arrests ;  and  it  shall  be  the 
duty  of  such  magistrate  to  take  cognizance  of  such  cases,'  and  pro- 
ceed therein,  at  the  earliest  time  practicable ;  which  proceedings  shall 
be  the  same  as  though  said  offender  or  offenders,  had  been  brought  be- 
fore said  magistrate,  upon  process  issued  by  him. 


318         Bonds — Stoch  Raisers — Minors, 

§  2727.  Whenever  gaid  peace  officer,  or  other  person  or  persons, 
shall  call  to  his  or  their  aid,  to  make  such  arrest,  any  person  or  per- 
sons, as  provided  in  the  next  preceeding  section,  it  shall  be  the  duty  of 
such  person  or  persons,  so  called,  to  proceed  at  once  to  assist  in  making 
such  arrest,  and  take  such  offender  or  offenders  bpfore  S'lid  magistrate; 
and  every  person  who  shall  ■wilfully  neglect  or  refuse  to  assist,  siiail  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  pun- 
ished by  fine  or  imprisonment,  or  both,  at  the  discretion  of  the  court 
before  which  such  conviction  shall  be  had,  said  fine  not  to  exceed  five 
hundred  dollars,  and  said  imprisonment  not  to  exceed  six  months. 

§  2728.  If  any  peace  officer,  whose  duty  it  is  to  make  such  arrest, 
or  to  take  such  offender  or  offenders  before  said  magistrate  as  herein- 
before provided,  shall  willfully  neglect  or  refuse  to  perform  such  duty, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction, 
shall  be  punished  by  fine  or  imprisonment,  or  both,  at  the  discretion 
of  the  court  before  which  such  conviction  is  had;  said  fine  not  to  ex- 
ceed one  thousand  dollars,  and  said  imprisonment  not  to  exceed  one 
year. 

APPROVAL  OF    BONDS. 

Sec.  4.  Be  it  further  enacted,  That  the  official  bond'of  all  the  offi- 
cers named  in  the  second  section  of  this  Act  (Chap.  V,  Acts  1876) 
shall  be  approved  by  the  chancery  clerk,  (or  if  there  be  no  chancery 
clerk,  then  by  the  clerk  of  the  circuit  court,)  and  by  the  presi- 
dent of  the  board  of  supervisors  of  the  county ;  and  if  any  chan- 
cery or  circuit  clerk,  or  president  of  any  board  of  supervisors  shall 
approve  any  official  bond,  knowing  or  having  good  reason  to  believe 
that  paid  bond  is  not  good  and  sufficient  for  the  amount  thereof, 
such  chancery  clerk,  circuit  clerk,  or  president  of  the  board  of  super- 
visors, shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
accordingly. 

PROTECTION  OP  STOCK  RAISEES. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
issippi.  That  it  shall  not  be  lawful  for  any  person  to  pen  or  confine 
any  milch  cow,  calf  or  yearling,  not  his  own,  with  the  intent,  or  for  the 
purpose  of  procuring  milk,  without  the  consent  of  the  owner  of  such 
cow,  calf  or  yearling. 

Sec.  2.  Be  it  further  enacted,  That  on  proof  that  any  person 
shall  have  penned  or  confined  any  cow,  calf  or  yearling,  not  his  own,  it 
shall  be  deemed  and  held  ;)»•/???«  facie  evidence  of  an  intent  to  violate 
the  provisions  of  the  first  section  of  this  act. 

Sec.  3.  Be  it  further  enacted.  That  any  person  violating  the  pro- 
visions of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  be  fined  not  less  than  five  dollars  for  each 
oflfense,  or  imprisonment  in  the  county  jail  not  more  than  twenty  days, 
or  both  such  fine  and  imprisonment,  at  the  discretion  of  the  court. 
(Approved,  April  14,  1876.) 

DECOYINO  MINORS. 

Sec.  2.  Be  it  further  enacted,  That  any  person  enticing,   decoying 


Impuro  Candies — Lotteries.  319 

iiway,  or  employing  any  minor,  male  or  female  child,  knowing  that 
said  minor  has  a  parent,  and  without  the  consent  of  said  ])arent  or 
parents,  shall  be  liable  for  a  misdemeanor,  and  shall  be  i)unished  by 
fine  not  exceeding  twenty  dollars,  or  imprisonment  not  exceeding 
twenty  days,  or  both,  and  shall  he  liable  to  pay  the  further  sum  of 
one  dollar  ])er  day,  lo  the  parent  for  each  day  said  minor  is  ke{)t,  to 
be  recovered  in  any  court  having  jurisdiction,  (Approved,  3Iareh  29, 
1876.) 

SALE    OF  IMPURE  CANDItS. 

Section  I.  Be  it  enacted  by  the  Legislature  of  the  State  of  iMissis- 
sippi,  That  it  shall  not  be  lawful  for  any  person  to  manufacture,  sell  or 
keep,  oiler  or  exhibit  for  sale,  in  this  state,  any  candy  in  which  terra 
alba,  or  any  oiher  preparation  of  lime,  or  other  deleterious  or  injurious 
€arth,  drug  or  mineral,  shall  be  mixed  or  used  in  the  manufacture  or 
preparation  thereof;  and  any  person  violating  the  provisions  of  this 
act,  shall,  on  conviction  thereof,  be  fined  any  sum  not  exceeding  five 
hundred  dollars,  or  imprisoned  in  the  county  jail  not  exceeding  sixty 
days,  or  both,  such  fine  and  imprisonment,  at  the  discretion  of  the 
court.     (Approved,  April  5,  1876.) 

HOLDING    STOLEN    TKOrERTY, 

Sec.  2.  Be  it  further  enacted.  That  any  person  in  possession  of 
personal  i)roperty,  belonging  to  or  claimed  by  another  w'ho  shall  will- 
fully omit,  or  refuse  to  deliver  such  property,  or  to  point  out  the  same 
to  any  officer  demanding  the  same,  in  the  mode  and  manner  named  in 
■section  number  one  of  this  act,  shall  be  deemed  guilty  of  a  misdemea- 
nor, and,  on  conviction  thereof,  in  any  court  of  competent  jurisdiction, 
shall  be  punished  byline,  not  less  than  the  full  value  of  such  property, 
and  not  exceeding  double  the  value  thereof,  or  by  imprisonment  in  the 
county  jail  for  a  period  not  less  than  twenty  days,  and  not  exceeding 
six  months,  or  both  such  fine  and  imprisonment  at  the  discretion  of 
the  court.     (Approved,  February  19,  1876.) 

STEALING  TIMBER . 

§  2733.  If  any  person  shall  cut  down,  deaden  or  destroy,  or  take 
away,  if  already  cut  down  or  fallen,  any  cypress,  white  oak,  black  oak, 
or  other  oak,  pine,  poplar,  walnut,  cherry  or  pecan  tree,  on  land  not 
his  own,  and  without  the  consent  of  the  owner,  he  shall  be  guilty  of  a 
misdemeanor,  and,  if  found  guilty,  shall  be  imprisoned  in  the  county 
jail,  not  more  than  three  months,  or  fined  not  less  than  five  dollars 
nor  more  than  three  hundred  dollars,  or  by  both  such  fine  and  im- 
2)risonment ;  but  if  the  party  injured,  elects  to  proceed  in  a  civil  action 
for  damages,  no  prosecution,  under  this  section,  shall  be  had,  it  being 
the  intent  hereof,  that  there  shall  be  both  a  prosecution  and  civil  actio^n 
action  maintained  for  the  same  offense. 

LOTTERIES. 

§  2734.  To  carry  into  force  and  give  effect  to  section  fifteen,  of  arti- 
cle twelve,  of  the  constitution  of  the  state  of  Mississippi,  it  is  provid- 
ed, that  every  lottery  and  gift  enterprise,  of  whatever  name  or  descrip- 


320  Setting  Woods  on  Fire. 

tion,  regardless  of  the  authority  of  law  heretofore  creating  the  same, 
be  and  the  same  are  hereby  prohibited,  and  declared  a  nuisauce  and 
misdemeanor,  against  the  public  policy  of  the  state  ;  and  whoever  is 
concerned  therein,  directly  or  indirectly,  making,  drawing,  setting  up, 
purchasing,  or  controlling  any  lottery  or  gift  enterprise,  within  this 
state,  in  any  way  or  manner  whatsoever,  or  in  any  manner  aids  therein, 
or  is  connected  therewith,  shall,  upon  conviction,  before  a  court  of  com- 
petent jurisdiction,  be  punished  by  a  fine,  not  less  than  than  five  hun- 
dred dollars,  nor  more  than  five  thousand  dollars,  and  by  imprisonment, 
not  less  than  six  months,  nor  more  than  five  years,  at  the  discretion  of 
the  court  having  jurisdiction  thereof;  lyrovidecl,  that  the  fine  imposed 
by  the  court,  shall  be  awarded,  one-halt  to  the  informers,  and  the  other 
half  to  the  use  of  the  public  school  fund  of  this  state. 

§  2735.  If  any  person  or  persons,  hereafter  shall  sell,  or  expose,  or 
keep  for  sale,  any  lottery  ticket,  to  be  drawn  in  any  lottery  or  gift  en- 
terprise, of  any  kind,  within  this  state,  or  any  device,  in  the  nature  of 
a  lottery  ticket,  or  any  lottery  policies,  or  any  paper  with  letters  or  fig- 
ures that  evidence  the  same,  or  in  any  way  represents  the  drawing  of 
any  such  lottery  or  gift  enterprise  whatever,  or  act  as  agent  or  broker 
in  ejecting  the  sale  of  the  same,  on  conviction  thereof,  before  any 
court  of  competent  jurisdiction  in  this  state,  shall  for  each  offense,  be 
sentenced  to  pay  a  fine  not  exceeding  five  hundred  dollars,  and  impris- 
oned, not  exceeding  one  year,  at  the  discretion  of  the  court ;  and  the 
purchaser  of  any  such  lottery  ticket,  or  device  in  the  nature  of  a  lottery 
and  gift  enterprise,  ticket  or  policy,  or  paper,  as  above  mentioned, 
shall  not  be  held  liable  to  punishment  by  this  or  any  other  law 
of  this  state,  but  shall  be  a  competent  witness  in  the  cause  ;  and  any 
indictment  shall  be  held  good,  which  charges  the  crime  in  the  language 
of  the  law,  without  setting  forth  therein  the  number  or  date  of  the 
ticket,  or  the  device,  or  anything  in  the  nature  thereof,  or  policv,  or 
that  which  represents  the  same,  of  the  name  of  the  lottery  or  gift  enter- 
prise, or  where  the  same  is  located  ;  provided,  that  the  proviso  to  sec- 
tion two  thousand  seven  hundred  and  thirty-fotir,  of  this  article,  and 
relating  to  the  distribution  of  fines  by  the  court  thereof,  be  and  the 
same  is  extended,  and  made  part  of  this  section. 

SETTING  WOODS  ON  FIRE. 

v^  2741.  It  shall  not  be  lawful  for  any  person  willfully  to  set  on  fire 
any  woods,  marshes,  or  prairies,  within  any  of  the  counties  of  this  state 
at  any  time  between  the  first  day  of  May,  and  the  first  day  of  Feb- 
ruary; and  any  person  so  offending,  shall  be  liable  to  indictment, 
and  on  conviction,  shall  be  fined,  not  less  than  twenty,  nor  more  than 
oiiC  hundred  dollars,  or  imprisoned,  not  less  than  one  month,  nor  more 
than  three  months,  or  both  ;  and  if  such  ofl^ense  be  commited,  so  as  to 
occasion  any  loss,  damage  or  injury,  to  any  other  person,  then  the  fine 
shall  not  be  less  than  fifty,  nor  more  than  five  hundred  dollars;  and 
such  person  shall,  moreover,  be  liable  to  an  action  at  the  suit  of  the 
party  aggrieved,  for  all  loss,  damage  or  injury  sustained  thereby,  but 
any  person  may  at  at  all  times,  set  fire  to  his  own  marshes,  prairies,  or 
woods,  at  any  season  of  the  year,  being  responsible  in  a  civil  action, 
for  any  damages  thereby  occasioned  to  another  person. 


Defacing  Ckii relies,  etc.  321 

DEIACING  ClILItCJIK-i  UK  SCHOOL  HUILblXGS. 

^5  2746.  If  any  person  shall  wilfully  injure  any  church  ediffice, 
school  house,  or  other  building  used  for  school  purposes,  or  in  any  way 
disfigure  the  same,  by  painting,  writing  or  printing  thereon  any  obscene 
words,  figures  or  devices,  or  by  pasting  thereon  any  paper  or  other  ma- 
terial, bearing  such  words,  iigures,  cuts  or  devices,  he  shall  be  punished 
by  fine,  not  exceeding  one  hundred  dollars,  or  by  imprisonment  in  a 
county  jail,  not  exceeding  ninety  days,  or  both  of  said  punishments, 
in  the  discretion  of  the  court, 

UACING    oil  SHOOTING  IN  PUBLIC  IlIGIIWAY. 

^  1^870,  If  any  pers  )n  shall  be  found  guilty  of  racing  or  shooting 
in  any  street  or  public  highway,  he  shall,  on  conviction  thereof  in  the 
circuit  court,  be  lined,   not  more  than  five  huntlred  dollars. 

DOG    STEALING. 

g  2875.  Every  person  who  shall  feloniously  steal,  take  and  carry 
away,  any  dog,  the  property  of  another,  shall  be  guilty  of  petit  larceny, 
•and  on  being  indicted  and  found  guilty,  shall  be  punished  as  in  other 
cases  of  petit  larceny. 

rOISONING  FISII. 

>^  2870.  Every  j)erson,  who  shall  poison  any  lish  in  any  of  the  naviga- 
ble streams  of  this  state,  or  in  any  other  other  stream  or  lake,  without 
the  consent  of  the  owner  of  the  soil,  by  mingling  in  the  water  any  sub- 
stance calculated  and  intended  to  stupify  or  destroy  fish,  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof,  in  the  circuit  court  of 
the  proper  county,  shall  be  fined  in  a  sura  not  less  than  five  dollars, 
and  imprisoned  in  the  county  jail  for  a  period  not  less  than  ten  days, 
in*  by  both  such  fine  and  imprisonment. 

UEPOKTS  BY  COUNTY  TKEASUPwEK. 

§  1377.  The  county  treasurer  shall,  at  each  regular  meeting  of  the 
board  of  supervisors  of  the  county,  and  at  such  other  times  as  the  said 
board  may  require,  make  a  report  of  the  state  of  the  treasuiy,  exhibit- 
ing the  receipts  and  disbursements,  and  the  balance  for  or  against  the 
county,  and  shall  exhibit  the  money  to  be  counted  by  said  board  ;  and 
in  case  any  treasurer  shall  willfully  fail  to  make  such  re})ort,  he  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  pun- 
ished by  fine  of  not  more  than  one  hundred  dollars,  or  imprisonment 
not  longer  than  one  month  in  the  county  jail.  A  book  shall  be  kept 
infthe  office  by  the  clerk,  to  be  styled  "  The  Treasurer's  Docket,"  iu 
which  all  such  reports  shall  be  recorded,  after  being  carefully  exam- 
ined and  compared  with  vouchers,  and  approved  by  the  board ;  and  a 
copy  thereof  shall,  within  five  days  after  the  same  is  recorded,  be 
posted  up  at  the  court-house  door.  And  it  shall  be  the  dut}'  of  the 
chancery  clerk  lo  post  such  copy,  and  on  failure  to  do  so,  said  clerk 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction,  shall  be 
punished  by  line  of  not  more  than  one  hundred  dollars,  or  by  impris- 
onment in  the  county  jail  not  longer  than  one  month. 
•21 


322  Collecting  Unauthorized  Fees. 

COLLECTING  UXAUTHORIZED  FEES. 

v^  1.^79.  If  any  sheriff,  clerk,  assessor,  or  other  person,  shall  claim 
and  receive  from  the  board  of  supervisors  of  any  county,  any  fee  or 
compensation,  not  authorized  by  law,  or  if  any  member  of  such  board 
shall  knowingly  vote  for  the  payment  of  any  such  unauthorized  claim, 
or  any  appropriation  not  authorized  by  law,  he  t-liall  be  subject  to  in- 
dictment, and  on  conviction,  fined  not  exceeding  double  the  amount  of 
such  unlawful  charge,  or  may  be  imprisoned  in  the  county  jail,  not 
more  than  three  months,  or  by  both  such  fine  and  imprisonment. 

SUPERVISORS  NOT  TO  BE  INTERESTED  IN  CONTRACTS. 

^  1389.  No  board  of  supervisors  shall  empower  or  auth(u-ize  any 
cue  or  more  members  of  said  board,  or  other  person,  to  let  or  make 
contracts  for  the  building  or  erection  of  public  works  of  any  descrip- 
tion iu  vacation,  or  during  the  recess  of  such  board ;  but  all  such  con- 
tracts shall  be  made  and  approved  by  the  board  in  open  session. 

§  1390.  It  shall  be  unlawful  for  any  member  of  any  board  of  su- 
pervisors in  this  state  to  have  or  own  any  interest  or  share,  either  di- 
rectly or  indirectly,  in  any  contract  made  or  let  by  any  board  of  super- 
visors, for  the  construction  of  court  houses,  jails,  bridges,  or  other 
public  buildings  or  works,  or  for  any  member  of  such  board  to  receive 
any  portion  or  share,  either  directly  or  indirectly,  of  the  money  or 
other  things  paid  for  the  construction  of  such  buildings,  bridges  or 
other  public  works. 

§  1391.  A  violation  of  any  of  the  provisions  of  the  preceding 
sections  of  this  article  shall  be  deemed  a  misdemeanor,  and  punishable, 
on  conviction,  by  fine  of  not  less  than  one  hundred  dollars,  nor  more 
than  five  hundred  dollars,  and  by  imprisonment  in  the  county  jail, 
not  less  than  oue,  nor  more  than  six  moijths,  and  by  dismissal  from 
office. 

SALES  BY  AUCTIOXEEKS. 

§  1734.  The  assessor,  or  iu  case  of  his  failure  to  do  so,  the  collec- 
tor of  each  county,  shall  every  year  demand  of  each  auctioner,  in  his 
county,  a  statement,  on  oath,  of  the  aggregate  amount  of  all  sales  at 
auction  made  by  him  since  the  last  assessment,  and  shall  assess  the 
tares  thereon  to  such  auctioneer,  at  the  rate  of  one-half  of  one  per 
cent,  on  such  amount,  and  collect  them,  as  in  other  cases;  and  if  any 
auctioneer  shall  omit  or  refuse  to  furnish  such  statement,  on  oath,  to 
be  administered  by  the  assessor,  or  collector,  when  required,  or  to  pay 
the  taxes  thereon,  he  shall  be  liable  to  a  fine  of  five  hundred  dollars, 
and  six  months'  imprisonment  in  the  county  jail,  or  either,  on  convic- 
tion ;  and  the  board  of  supervisors  shall  cause  his  bond  to  be  put  in 
suit^  and  the  whole  penalty  shall  be  recovered,  in  case  of  a  failure  to 
give  such  statement,  for  the  amount  of  taxes,  with  thirty  per  cent,  per 
annum  damages  thereon,  in  case  of  failure  to  pay  over  taxes  assessed. 
The  board  of  supervisors  may  relieve  from  the  penalty,  in  case  such 
auctioneer  shall  come  forward  and  furnish  the  proper  statement,  and 
pay  over  the  taxes  due,  with  damages  as  aforesaid,  and  all  costs. 


Telegraplt  Coinpanics.  '>2 


yjLi> 


KOAD  OVEKSICKKS. 

li  23.53.  Overseeis  shiiU  keep  advised  of  the  coiuljtion  of  tlioir  load 
districts,  and  shall,  from  time  to  time,  as  occasion  may  require,  call  out 
such  limited  iiumb?r  of  hand:^  as  mny  he  necessary,  to  stop  washes,  fill 
u])  mudholes, ,  causeways,  hogs,  niiirshps,  or  swampy  phiccfc,  or  repaii- 
any  damages  occasioned  by  rains,  cuts,  or  otherwise,  without  waiting 
for  the  regular  road  working;  any  such  lalior  shall  he  justly  appor- 
tioned, if  practicable  ;  and  any  overseer  failing  in  this,  sliall  be  liable 
to  indictment,  fine  and  imprisonment,  or  either. 

DUTY    OF  TELEGRAPH  COMPANIJCS. 

i^  2434.  Such  companies  or  associations  shall  be  bound,  on  applica- 
tion of  any  officer  of  this  state,  or  of  the  United  States,  in  case  of  any 
war,  insurrection,  riot,  or  other  civil  commotion,  or  resistance  of  public 
authorit}',  or  for  th.e  prevention  and  punishment  of  crime,  or  for  the 
arrest  of  persons  suspected  uv  charged  therewith,  to  give  to  the  com- 
munications of  such  officers,  immediate  dispatch,  at  the  price  of  ordi- 
nary communications  of  the  same  length  ;  and  if  any  officer,  agent, 
operator  or  employee,  of  any  such  company  or  association,  shall  refuse 
or  willfully  omit  to  transmit  such  communication,  as  aforesaid,  or  shall 
designedly  alter  or  falsity  the  same,  for  any  purpose  whatever,  the  per- 
son, so  offending,  shall  be  liable  to  indictment,  and  on  conviction,  may 
be  fined  and  imprisoned,  at  the  discretion  of  the  court. 

JXSUKANCE  WITHOUT    LICENSE. 

§  24.53.  Any  person  violating  the  {)rovisions  of  this  article,  (Article 
8,  chapter  55,)  shall,  upon  conviction  thereof,  in  auy  court  of  compe- 
tent jurisdiction,  be  fined  in  any  sum  not  exceeding  one  thousand  dol- 
lars, or  im|)risoued  in  the  county  jail,  not  more  than  thirty  days,  or  by 
both  such  fine  and  imprisonment. 

WILLFUL    NEG1.ECT   OF  DUTY. 

^  2890.  If  any  j)ej'son,  being  sheriff,  clerk  of  any  court,  coroner, 
constable,  assessor,  or  collector  of  taxes,  or  holding  any  county  oflice 
whatever,  shall  willfully  neglect  or  refuse  to  perform  any  of  the  duties 
required  of  him  by  law,  or  shall  violate  his  duty  in  any  respect,  he 
shall,  on  conviction  thereof,  be  fined  ]iot  exceeding  one  thousand  dol- 
lars, or  be  imprisonod  in  tlie  county  jail,  not  exceeding  six  montiis,  or 
botli ;  and  in  case  such  officer  shall  have  given  bond  for  the  faitiiful 
performance  of  his  duties,  the  president  of  the  board  of  county  super- 
visors shall  cause  suit  to  be  brought  thereon,  for  th.e  recovery  of  such 
damages  as  the  state  or  any  county  may  have  sustained  thereby. 

SECUKITY  I'OK  COSTS. 

i^  572.  When  any  suit  sliall  be  commenced  in  any  court  of  law  or 
equity,  in  this  state,  the  plaintiff  or  complainant  may  be  required,  on 
motion  of  the  clerk,  or  any  party  interested,  to  give  security  for  all 
costs  accrued  or  to  accrue  iu  such  suit,  within  sixty  days  after  an  order 
of  couri,  made  for  that  pur|)03e ;  provided,  the  party  making  such 
motii>n.   shall    make  and    file  an   affidavit  that  such  plaintiff  or  com- 


324  Preservation  of  Fish,  etc. 

plainaut  is  a  uou-resideut  of  the  stnte,  and  has  uot  sufficient  property 
in  this  state,  out  of  which  the  costs  can  be  made,  if  adjudged  against 
liim;  or  if  the  plaintitf  or  complainant  be  a  resident  of  the  state,  that 
he  has  good  reason  to  believe,  and  does  believe,  that  such  plaintiff  or 
complainant  will  uot  be  able  to  pay  the  costs  of  such  suit,  in  case  the 
same  shall  be  adjudged  against  him  ;  and  if  the  security  be  not  given, 
the  suit  shall  be  dismissed,  and  execution  issued,  for  the  costs  that 
have  accrued,  or  the  court  may,  on  cause  shown,  extend  the  time  for 
giving  such  security. 

i5  573.  Security  for  costs  may  be  given  by  recognizance  entered 
into  in  open  court,  or  by  a  written  undertaking  endorsed  on,  or  filed 
with  the  papers  in  the  cause  ;  and  if  the  costs  shall  not  be  paid  when 
due,  judgment  shall  be  rendered  by  the  court  against  said  security,  as 
well  as  against  the  plaintiff  or  complainant,  and  execution  issue  as  in 
other  cases. 

^  2851.  All  the  property  of  any  convict  shall  be  liable,  first,  in 
preference  to  all  other  demands,  except  jointure  and  dower,  to  the  dis- 
charge of  costs  and  expenses  incurred  by  the  state,  or  <jny  county,  in 
such  prosecution  or  conviction. 


Preservation  of  Fish  in  Pearl  Eiver. 


Sec.  1.  Be  it  enacted,  That  it  shall  not  be  lawful  tor  any  person 
to  place  or  maintain  in  said  Pearl  river  at  any  point  fish  traps  of 
any  description,  nor  to  erect  or  maintain  dams  of  any  description 
across  said  river  at  any  point;  and  it  shall  hereafter  be  lawful  for 
any  person  or  persons,  when  they  may  do  so  without  a  breach  of 
the  peace,  and  shall  be  the  duty  of  all  peace  officers  of  the  state  to 
destroy  any  and  all  fiah  traps  and  dams  in  said  river  which  may  be 
within  tlieir  jurisdiction. 

Sec.  2.  That  any  person  who  shall  hereafter  construct  or  main- 
tain or  be  instrumental  or  interested  in  constructing  or  maintaining 
any  fish  trap  or  dam  in  or  across  said  river  at  any  point,  shall  be 
<leemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  a  sum  not  less  than  ten  dollars,  or  be  imprisoned  not 
less  than  ten  days,  or  both,  at  the  discretion  of  the  court,  for  each 
and  every  day  that  such  trap  or  dam  shall  have  been  maintained  in 
said  river,  and  the  court  shall  order  its  officers  to  forthwith  destro^y 
such  fish  trap  or  dam,  for  which  he  shall  receive  the  sum  of  five 
dollars,  to  be  taxed  in  the  costs  of  the  case.     [Acts  1877.  p.  92.] 


To  Encourage  the  Breeding  of  Good  Stock. 


Sec.  1.  That  in  order  to  encourage  the  propagation  of  good  stock 
in  this  state,  there  shall  hereafter  be  a  lien  in  favor  of  the  owner  of 
all  stallions,  jacks  and  bull?,  upon  the  colts  and  calves  sired  by  such 


InjuTij  to  Stock.  325 

stallions,  jacks  and  bulls,  for  and  to  the  extent  of  the  value  of  tlie 
price  agreed  on  for  the  services  of  said  animals  between  the  owners 
of  the  colts  and  calves  so  sired. 

Sec.  Tiiat  such  lien  shall  be  enforced  b}'  suit  before  an}-  magis- 
trate having  Jurisdiction  of  the  debt ;  the  writ,  judgment  and  exe- 
cution shall  describe  the  colt  or  calf  on  which  the  lien  is  claimed 
under  the  provisions  of  the  first  section  of  this  act,  and  when  the 
judgment  is  rendered,  such  colt  or  calf  shall  be  declared  liable  to 
be  sold  to  pay  the  debt  and  costs  in  such  suit,  and  when  so  declared, 
shall  be  levied  on  and  sold  as  proi)erty  is  usually  levied  on  and  sold 
under  execution  at  law.     [Acts  1877,  p.  9o.] 


Fences.— Malicious  Injury  to  Stock. 

Sec.  1907,  Revised  Code  1871  (see  page  20!)  of  this  volume),  is 
amended  by  act  approved  February  1st,  1877,  so  that  a  fence  made 
of  common  rails,  and  built  in  the  form  known  as  a  worm  fence,  and 
which  is  six  instead  of  five  feet  high,  is  a  lawful  I'ence. 

Sec.  2708,  Revised  Code,  1871  (see  page, 315  of  this  volume),  is 
amended  by  act  approved  Feb.  1st,  1877,  so  as  to  make  the  fine  not 
less  than  five,  nor  more  than  three  hundred  dollars,  instead  of  not 
less  than  fiftv,  etc. 


APPENDIX. 


COMPILED  BY  THE  PUBLISHERS. 


TAXATION. 


Sec.  5,  act  approved  t^eb,  1st.,  1877  (Acts  1877,  p.  21),  fixes  the 
State  tax  I'or  general  purposes  at  three  mills  for  the  3'ear  1877;  and 
V)oards  of  supervisors  ai'e  prohibited  from  levying  taxes  which,  with 
the  entire  State  taxes,  will  exceed  $15  00  on  the  thousand  dollars 
in  valuation,  except  taxes  to  pay  interest  on  county  bonds  ;  pro- 
vided, that  in  Warren  and  JMonroe  counties,  supervisors  ma}^  lev}' 
a  tax  which,  added  to  the  State  tax,  will  not  exceed  twenty-live 
mills  ;  in  Oktibbeha,  ten  mills  additional  to  State  tax  can  be  levied 
lor  general  purposes,  and  such  special  taxes  as  may  be  necessary  to 
pay  interest  and  principal  on  account  of  branch  railroad  from  Arte- 
sia  to  Starkvillc. 

Sec.  G  of  said  act  provides  for  a  special  tax  of  two  mills  on  all 
taxable  ])roperty,  for  1877  and  subsequent  years,  for  the  payment 
of  the  principal  and  interest  on  bonds  issued  in  funding  the  floating 
debt  of  the  State,  under  act  approved  March  28th,  1874. 

Sec.  2,  Revenue  Act  1876,  levies  a  poll  tax  on  each  and  every 
male  inhabitant  of  the  State  over  twenty-one  and  under  lifty  years 
o(  age,  to  be  paid  by  collectors  directly  into  count}^  treasuries,  in 
aid  of  common  school  fund. 

Taxable  propsrty,  other  than  real  estate,  consists  of:  cattle  (over 
two  cows  and  calves),  horses,  mules,  sheep  (over  ten  head),  swine 
(over  ten  head),  carriages  and  other  wheeled  vehicles,  pianos,  me- 
lodeous,  organs,  watches,  jewelry,  gold  and  silver  plate,  guns  (over 
one),  pistols,  bowie  knives,  dirks  and  sword  canes— the  value  of 
each  to  be  sworn  to;  amount  of  money  employed  in  merchandise 
or  manufacturing;  amount  of  mone}^  solvent  credits,  notes,  ac- 
counts ;  amount  of  household  furniture,  over  $250  00  in  value  ; 
value  of  State  bonds,  warrants  or  certificates  ;  value  of  county  or 
city  bonds;  value  of  cotton,  not  in  hands  of  producer;  and  all 
other  personal  property  not  here  enumerated,  to  be  valued  and 
reported. 


Tax  on  Privileges.  327 

TAX    ON    rUIVU.KGKS. 

An   act  approved    March   1st,    1875,  and  aiiieiulatory  acts   18TG, 
impose  the  IbUowiiig  tax  upon  i)rivileges: 

On  each  express  conii)any $2,000  00 

On   each    telcgrapli    conii)any    o[)eratiiig    three    hundred 

miles  or  moi'e  of  wire 2,000  00 

On  each  telegraph  coin|)an3'  operating  over  one  hundred 

dred,  and  less  than  thi'ee  luindretl  uules  of  wire 1,000  00 

On    each    company   operating  over  twenty-live,  and    less 

than  one  hundred  miles  of  wire 500  00 

On  each  company  t)perating  less  than  twenty-iive  miles 

of  wire,  for  each  mile 1  00 

On  each  foreign   insurance  company 1,000  00 

On  each  home  insurance  company,   with   principal  office 

and  assets  within  the  State  of  Mississippi 1,000  00 

Or  such  home  companies  may  pa}-,   in  lieu  of  such  sum, 

an  amount  equal  to  two  (2)  per  cent,  of  capital  paid  in, 

which   shall   be  in  full  of  all   State  and   county  taxes  ; 

provided,   that  all  inutunl  companies  having  less  than 

$10,000  paid  capital  upon  which  to  pay  taxes,  shaH  pay 

lifty  (50)  cents  upon  each  policy  issued  or  in  force,    or 

l)ay  the  privilege  tax  of  SI, 000  00,  as  they  may  elect. 

On  each  sleeping-car  company 1,000  00 

On  each  distiller}-  of  grain 200  00 

On  each  insurance  agent 

On  each  billiard   or  Jenny  Lind    table,    nine    or    ten-pin 

alley,  or  similar  contrivance,  kept  for  public  use 

On  each  trading  boat,  with  ])roduce,  provisions,  and  prov- 
ender, exclusively 

On  each  wharf-boat 

On  all  other  trading  boats 

On  each  tavern  or  hotel,  in  city  or  town  of  live  thousand. 

inhabitants,   or  over,   \\ith   capacity   for  tliirty  or  more 

guests 

Same,  witli  capacity  for  less  than  thirty  guests 

On  each  tavern  or  liotel,  in  city  or  town  of  two  thousand, 

and  not  over  five  thousand  inhabitants,   with  cajjacity 

for  twenty-five  or  more  guests 

Same,  witli  capacity  for  less  than  twenty-five  guests.  .  .  . 
On  each  tavern  or  hotel,  in  city  or  town  of  less  than  two 

thousand  inhabitants 

On  each  piivate  boarding  house,  not  boariling  students 

exclusivel}' 

On  each  railroatl  eating-house,   where  two  or  more  trains 

stoj)  for  meals  daily 125  00 

On  each  railroad  eating-house,   where  not  more  than  one 

passenger  train  stops  for  meals 5C  CO 

Prodded,  That  no  hotel  or  eating-house  shall  be  required 

to  pay  more  than  once  under  the  foregoing  provisions; 

but   when  subject  to  the   conditions  of  more  than  one 

provision,  the  highest  thall  be  paid. 


10  00 

20  00 

25  00 

100  00 
200  00 

100  00 
50  00 

50 
25 

00 
00 

15 

00 

10 

CO 

'>2S  Tax  on  Privileges- 

Each  restaurant,  in  city  or  town  of  over  two  thousand  in- 
habitants   " 50  00 

Same,  in  cit_y  or  town  under  two  thousand  inhabitants. .  .  25  00 

On  each  circus  or  menagerie,  or  both  combined,   for  each 

day's  performance 50  00 

On  each  side-show,  per  day 10  00 

On  each  show,  exhibition,  concert,  or  other  performance, 
where  a  fee  is  cliarged  for  admission,  and  not  devoted 
exclusively  to  religious,  benevolent,  or  educational  pur- 
poses, per  day 5  00 

On  each  room  or  hall  used  as  theater  or  opera-house,  fur 
public  exhibition,   in  city  or  town  under  five  thousand 

inhabitants,  per  year '  100  00 

On  such  room  or  hall,   in   city  of  over  five  thousand   in- 

habita'nts,  per  year 200  00 

On  each  store,  stock  under  $1,000 5  00 

On  each  store,  stock  of  $1,000  to  $2,000 10  00 

On  each  store,  stock  of  $2,000  to  $3,000 15  00 

On  each  store,  stock  of  $3,000  to  $5,000 20  00 

On  each  store,  stock  of  $5,000  to  $8,000 30  00 

On  each  store,  stock  of  $8,000  to  $12,000 50  00 

On  each  store,  stock  of  $12,000  to  $15,000 .....    60  00 

On  each  store,  stock  of  $15,000  to  $20,000 85  00 

On  each  store,  stock  of  $20,000  to  $25,000 ICO  00 

On  each  store,  stock  of  $25,000  to  $35,000 150  00 

On  each  store,  stock  over  $35,000 200  00 

Each   auctioneer  in  towns  of  one   thousand  inhabitant?, 

or  less 10  00 

Same,  in  town  or  city  of  one  thousand  to  three  thousand 

inhabitants " •    25  00 

Same,   in  city  of   over  three    thousand    and    under   five 

thousand   inhabitants 30  00 

Same,  in  cit}'  or  town  of  over  live  thousand  inhabitants..         40  00 

Each  peddler,  on  foot 10  00 

Each  peddler,  with  one  liorse,  or  mule,  or  6ther  animal.  .  20  00 

Each  peddler,   with  one  horse  or  mule,    or  other  animal, 

with  wagon  or  other  vehicle    30  00 

Provided,  Persons  peddling  exclusively,  goods,  wares,  or 
merchandize  manufactured  in  the   State,   shall  be  ex- 
empt. 
On  each  peddler,  with  two  horses  or  mules,  or  other  ani- 
mals, with  wagon,  or  other  vehicle 40  00 

On  each  cotton  broker,   or  factor,   engaged   in  buying  or 

.selling  cotton,  and  not  licensed  as  a  merchant   20  00 

Each  public  cotton-weigher,  where  less  than  two  thous- 
and bales  are  weighed 5  00 

Over  two  thousand,   and    less   than  three   thousand    five 

hundred,  and  less  than  five  thousand  bales 10  00 

Over  three  thousand  five  hundred,  and  less  than  five  thous- 
and bales .          15  00 


Tax  on  Privileges.  329 

Over  live  tliousuiul,  and  less  than  eight  thousand  bales.  .  UO  00 

Over  eight  thousand,  and  less  tlian  ten  thousand  bales. .  .  25  00 

Over  ten  thousand  bales 40  00 

Each  coal-yard,  except  where  charcoal  alone  is  sold 25  00 

P^ach  l)revvery,  oi.'  establishment  for  the  manufacture  or 

bottling  of  ale,  beer,  soda,  or  mineral  water 40  00 

Each  drug-  store,  where  vinous  and  spirituous  liquors  are 

sold  in  less  quantities  than  one  gallon 100  00 

Each  store  or  establishment  selling   vinous  or  s[)irituous 

liquors,  by  gallon,  or  more 50  00 

Each  pawnbroker  or  firm 100  00 

Each  established  broker,  keeping  an  otiice 200  00 

Each  street  broker 25  00 

Each  i)racticing  lawyer 10  00 

Each  and  every  person  receiving  or  forwarding  goods, 
wares,  or  merchandize,  for  profit,  and  not  paying  $20 
privilege  tax  as  a  merchant,   nor  keeping  a  licensed 

wharf-boat 

Each  commission  merchant 

Each  dentist 

Each  civil  engineer  or  architect 

Each  gas  company,  in  city  or  town  of  less  than  four  thous- 
and inhabitants 

Same,  in  city  or  town  of  over  four  thousand  inhabitants. 

On  each  toll  bridge _ 

P^ach  steam  lerry  on  the  Mississipi)i  river,  whose  point  of 
landing   or   departure    is  from  a  town   or  cit}'  of  five 

thousand  or  more  inhabitans 150  00 

On  same,  from  cit}^  or  town  of  less  than  five  thousand  in- 
habitants          75  00 

On  all  other  ferries  where  the  receipts  exceed  five  hundred 

dollars  per  annum 25  00 

On  each  dealer  in  ale,  beer,  or  other  malt  liquors,  in  city 
or  town  of  five  thousand  inhabitants,  or  more,  and  not 

licensed  as  a  retail  liquor  dealer 100  00 

On  same,  in  towns  of  over  two  thousand,  and  under  five 

thousand  inhabitants 60  00 

On  all  other  such  dealers 30  00 

On  each  soda  fountain •  ■     _       5  00 

Each  cotton  compress  company If 0  00 

P^ach  agency  established  for  sewing  machines 40  00 

Each  sewing  machine  agent,  except  one  for  each  estab- 
lished agenc}' 

Each  photograph  gallery 

Each  livery,  feed,  or  sale  stable,  in  town  of  over  one  thous- 
and, and  less  than  two  thousand  inhabitants. 

On  same,  in  city  or  town  of  over  two  thousand,  and  under 

three  thousand  inhabitants 

On  same,  in  city  or  town  of  over  three  thousand,  and  under 
five  thousand  iiihalntants 


20 

00 

00 

00 

5 

00 

10 

00 

50 

00 

100  00 

25 

00 

5 

00 

10 

00 

10 

00 

20 

00 

40  00 

330  Tax  on  Privileges. 

On  same,  in  city  or  town  of  over  five  tliousand,  and  less 

tlian  ten  thousand  inhabitants 50  00 

On  each  such  stable,  in  city  or  town  of  over  ten  thousand 

inhabitants 100  00 

On  each  transient  vendor  of  horses  or  mules 30  00 

Each  real  estate  agent 10  00 

Each  bank  of  discount  or  deposit,  in  city  or  town  of  less 

than  two  thousand  inhabitants 200  00 

Which  shall  be  in  lieu  of  all  taxes  on  ten  thousand  dollars 

of  the  capital  of  such  bank. 
P^ach  bank  of  discount  or  deposit,  in  city  or  town  of  over 

two  thousand,  and  less  than  four  thousand  inhabitants.        300  00 
Which  shall  be  in  lieu  on  all  taxes  ot  fifteen  thousand  dol- 
lars of  capital. 
Each  bank  of  discount  or  deposir,  in  city  or  town  of  over 

four  thousand  inhabitants 1,000  00 

Which  shall  be  in  lieu  of  all  taxes  on  fifty  thousand 
dollars  of  capital  of  such  bank  :  Provided,  That  any  per- 
son or  persons  doing  a  banking  business  in  city  or  town 
of  over  four  (4)  thousand  inhabitants,  whose  business  is 
based  on  a  capital  of  less  than  twenty  thousand  dollars, 
including  all  slocks,  bonds,  credits  of  every  description, 
whether  deposited  in  or  out  of  the  State,  and  will  furnish 
to  the  Auditor  of  Public  Accounts,  under  oath,  a  state- 
ment showing  such  fact,  shall  not  be  required  to  pay  a 
privilege  tax  of  over  $500,  which  shall  be  in  full  for  all 
taxes  on  twent.y  thousand  dollars  of  capital.  _, 
On  each  and  every  person  selling  prize  or  gift  packages, 
or  any  goods  not  exposed  or  exhibited  on  the  cars  pass- 
ing through  this  State 25  00 

On  each  transient  vendor  of  jewelry,  whether  the  same  is 

offered  for  sale  in  the  store  of  a  resident  dealer  or  not.  25  00 

[On  each  transient  vendor  or  peddler  of  clocks,  or  pumps,  or 
stoves,  or  pinchbeck  jewelry,  and  on  all  transient  vendors,  what- 
ever, not  provided  for  in  an  Act  relating  to  privileges,  approved 
March  1,  1875,  the  sum  of  $1,000.  And  on  all  trappers,  from  other 
States,  of  beaver,  or  other  animals  captured  for  their  fur,  8100.  All 
counties,  towns,  and  cities,  shall  be  authorized  to  levy  an  additional 
tax  on  the  above  privilege,  not  to  exceed  fifty  per  centum  on  the 
above  sums.     Act  approved  February  1,  1877.J 

And  the  license  herein  provided,  shall  be  a  personal  privilege  tax, 
and  not  transferable;  and  a  license  shall  not  be  construed  to  exempt 
from  taxation  the  property  used  in  the  license  business,  except  as 
specially  provi<led  in  this  Act.  The  tax  on  privileges  imposed  by 
this  section,  shall  not  be  liable  to  taxation  by  any  incorporated  city 
or  town,  to  an  amount  exceeding  fifty  per  centum  of  the  State  tax 
herein  provided,  nor  b}'-  any  county,  in  any  amount  whatever;  Pro- 
vided, That  no  additional  tax  shall  be  collected  by  county,  city,  or 
town,  on  any  insurance,  telegraph,  express,  or  sleeping  car  compa- 
nies.    All  licenses  upon   telegraph   companies,   express  companies, 


Tax  on  Privileges.  331 

insuranci',  and  sleeping-car  cuinpaiiies,  and  also  upon  hanking  com- 
panies, in  the  cities  of  Jacksoa  and  Vicksburg,  shall  be  jjaid  by 
th-em  into  the  State  Treasury;  and  no  person  or  persons  siiall  be 
allowed  to  collect  or  receive  commissions  for  the  same.  And  in  case 
of  the  failure  of  any  such  person  or  corporations  to  pay  the  same, 
the  Auditor  is  hereby  required  to  place  the  same  in  the  hands  of 
any  sheriff  or  district  attorney,  who  shall  collect  the  same,  with  the 
fifty  per  cent,  da-v.ages,  and  who  shall  be  entitled  to  tiie  visual  fees, 
out  of  such  damages. 

Sec.  5.  That  any  person  desiring  to  enjoy  any  of  the  privileges 
enumerated  in  the  first  section  of  this  Act,  shall  first  pay  the  price 
above  fixed,  to  the  collector,  and  obtain  his  license,  or  that  of  the 
Auditor,  for  such  privilege  ;  and  the  person  receiving  such  license, 
shall  post  or  put  up  the  same  in  his  office  or  place  of  business,  in 
some  conspicuous  place  ;  and  any  person  or  persons,  or  corporation, 
who  shall  exercise,  in  this  State,  any  of  the  privileges  enumerated 
in  this  Act,  without  first  pa^-ing  the  price,  and  procuring  the  license, 
as  required,  shall  be  guilty  of  a  misilemeanor,  and,  on  conviction 
before  any  justice  of  the  peace,  or  other  court  of  competent  juris- 
diction, shall  be  fined  not  less  than  double  the  tax  imposed  by  this 
Act,  or  shall  be  imprisoned  in  the  county  jail  not  exceeding  one 
month,  or  be  punished  by  both,  at  the  discretion  of  the  court,  as 
now  provided  by  section  1750  of  the  Code  of  1871  ;  and  any  debts 
or  claims  that  may  accrue  to  any  person  on  account  of  the  business 
herein  taxed,  who  shall  fail  or  neglect,  within  thirty  da3-s  after  suQh 
license  is  due,  to  pay  the  same,  shall  be  null  and  void,  and  no  suit 
shall  be  maintained  in  any  court  of  law  or  equity,  in  this  State,  to 
enforce  the  i)ayni('nt  of  such  claims,  or  a  compliance  with  contracts 
in  favor  of  any  person  or  persons  failing  to  pay  the  privilege  tax 
required  by  this  Act  ;  and  the  collector  shall  have  the  power  to  dis- 
train and  sell  any  property  liable  for  the  tax  imposed  upon  privi- 
leges, as  he  now  has  for  the  collection  of  the  State  taxes. 


SALARIES  AND  FEES  OF  PUBLIC  OFFICERS. 


Governor,  per  annum , S4.000  00 

Lieutenant-Governor,  allowed  per  diem  when  Senate  is  in 
session,  same  as  is  allowed  to  Speaker  of  House. 

Private  Secretary  Executive  Department l.UUO  OJ 

Clerk  to  Governor,  during  session  of  Legislature.  [)er  day  '        5  00 

Secretary  of  State ". .' ".     2,500  00 

One  clerk  to  Secretary  of  State 1,000  00 

Auditor  of  Public  Accounts -2,500  00 

One  Deputy  Auditor 1.250  00 

Four  clerks.  Auditor's  office,  each. 1.000  00 


332  Salaries  and  Fees. 

state  Treasuroi-   2,500  00 

One  clerk,  ytate  Treasurer's  office 1,250  00 

One  clerk,   as  treasurer  of  educational  and  charitable  in- 
stitutions       1,000  00 

Attorney  General 2,000  00 

Judijes  of  Supreme  Court 3,500  00 

(Those  in  office  March  21st,  1876,  not  being  affected  b}' 
this  rate  of  compenssition.) 

Jud(?es  of  Circuit  Court 2,500  00 

Chancellors 2,500  00 

(See  special  Act  for  Warren  county,  Acts  1876,  p.  237.) 
District  Attorne3's,  the  perquisites  allowed  by  law,  and .  .     1,200  00 

State  Superintendent  of  Public  Education 2,000  CO 

Librarian  and  Keeper  of  the  Capitol 800  00 

Superintendent  of  the  PeJiitentiary 1,600  00 

Superintendent  Lunatic  Asylum 2,000  00 

Superintendent  Blind  Asylum 1,000  00 

Superintendent  Deaf  and  Dumb  Asylum 1,000  00 

Adjutant  General " 500  00 

Commissioner  of  Swamp  Lands 500  00 

Commissioner  of  Immigration  and  Agriculture 100  00 

Secretary  of  State  Board  Registration 150  00 

Registrars — the  three  for  each  county  not  to  receive  ex- 
ceeding $600  00  in  the  aggregate,  or  $3  00  per  day, 
payable  by  county. 
County  Superintendent  of  P^ducation — 20  })er  cent.,  or 
one-fifth  of  the  salaries  fixed  by  Acts  in  i  relation  to 
public  education,  approved  April  11th,  1873,  March 
19th,  1874.  except  that  in  Sumner  and  Sharkey,  the 
salary  is  $100  00,  and  in  Leake,  $75  00. 

MEMBERS   AND    OFFICERS    OK    LEGISLATURE. 

An  act  approved  March  28,  1874,  i)rovides  that  members  of  the 
Legislature  shall  receive  a  salary,  each,  of  the  sum  of  five  hundred 
dollars  ;  Speaker  of  the  House,  eight  hundred  dollars  per  annum  ; 
mileage,  twenty  cents  per  mile.  An  act  approved  January  11,  1877, 
(Acts  1877,  p.  84,)  provides  that  whenever  the  office  of  Lieutenant 
Governor  shall  be  vacant,  the  President  pro  tern.,  of  the  Senate, 
shall  receive  the  same  pay  as  the  Speaker  of  the  House.  One-third 
of  the  salary,  and  all  of  the  mileage, ^^s  payable  at  the  beginning  of 
the  regular  session  ;  one-third  of  salary  thirty  days  thereafter,  and 
remainder  at  the  end  of  session. 

At  the  special  session  of  December,  1874,  an  act  was  passed  to 
"  explain  and  amend"  the  act  of  March  28,  1874,  by  making  it  take 
effect  January  1, 1875,  allowing  mileage  at  special  sessions  convened 
by  the  Governor  ;  and  for  the  special  session  of  December,  1874, 
per  diem  for  three  days  was  allowed. 

The  rate  of  compensation  fixed  by  the  Legislature  for  its  mem- 
bers,  oflliccrs   and   employees,    is  subject  to  approval  of  Governor. 


Fees  of  Offlcers.  333 

and  is  not  subject  to  alteraliou  diuiiig  the  snuiu  scssiou,  iind  is  to 
continue  until  a  subsequent  session.  Tlie  allowance  may,  in  like 
manner,  be  changed  to  take  effect  thereaftei'.  (Revised  Code,  1871, 
S  333. ) 

Acts  of  February  2d,  and  March  24th,  1870,  fixed  the  compensa- 
tion of  ofllcers  and  employees  as  follows  : 

Secretary  of  the  Senate,  per  diem $20  00 

Clerk  of  the  House,  per  diem 25  00 

Reading  Clerk  of  House,  per  diem 7  00 

Sergcant-at-Arms,  of  Senate,  per  diem 16  50 

Sergeant-at-Arms,  of  House,  per  diem 6  00 

Assistant  Sergeant  at-Arms,  of  House,  per  diem 5  00 

Doorkeeper,  Senate  and  House,  each 4  00 

Two  Messengers,  for  Ilouist',  each 1  00 

Three  Porters,  for  House,  each 2  50 

Six  Pages,  for  House,  each 1  00 

The  compensation  of  Secretary  of  Senate  and  Clerk  of  House  is 
in  full  for  all  clerical  heli)  em[)loyed  by  them. 


Fees  of  Clerks,  Sheriffs,  Justices,  Etc. 


(Act  of  March  6,  1875,  including  Amendments  of  1876,  1877.) 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  it  shall  be  lawful  for  the  clerks  of  the  supreme  court, 
clerks  of  the  circuit  court,  clerks  of  the  chancery  court,  commis- 
sioners in  chancery,  clerks  of  the  boards  of  supervisors,  sheriffs, 
cor.oners,  constables,  justices  of  the  peace,  notaries  public,  and  other 
persons  hereinafter  named,  in  this  state,  to  demand,  receive  and 
take  the  several  fees  hereinafter  mentioned  and  allowed,  for  any 
business  by  them  respectively  done  by  virtue  of  their  several  offices, 
or  otherwise,  and  no  more;  that  is  to  say: 

TO  THE  CLERKS  OF  TUE  SUPREME  COLKT. 

For  liling  records  on  writ  of  error  or  appeal,  or  any  other 

paper  required  by  law  to  be  filed $     25 

Entering  appearance  of  each  party 25 

Every  order  of  court 25 

Filing  and  entering  each  rule  or  motion 50 

Docketing  and  indexing  each  case  on  general  docket.  .  .  50 

Docketing  the  same  on  district  docket,  each  term 25 

Every  writ  issued  by  order  of  court,  or  on  application  ot 

party  according  to  law /. 1  25 

Each  continuance 25 

Final  judgment,  or  decree  of  general  affirmation  or  refusal  1   00 


334  Fees  of  Officers. 

Same  against  principal  and  sureties  o)i  bond 1  50 

Each  special  decree  in  chancery 2  00 

Cop3'  of  judgment  or  decree,  every  hundred,  words    20 

Taxing  cost  and  copy  thereof,  to  be  chai-ged  but  once.  ...  50 

Issuing  execution ...  12-') 

Entering  issuance  and  letuiu   thereof  un  docivet.  each.  .  .  25 

Administering  oath  or  atiirmation,  when  required  by  law.  25 

Qualifying  and  entering  attorney  on  roll 50 

For  recording  the  opinions  of  said  court,  furnishing 
transcript  of  record,  or  copies  of  papers  on  tile,  of  which 
any  person  is  entitled   to   demand  and   receive   copies, 

per  hundred  words 15 

Eeeording  pjrocess  and  return  thereon,  in  each  cause..  .    .  1  00 

For  other  services  not  herein  provided  for,  the  same  compensa- 
tion given  for  like  services  to  clerks  of  the  circuit  courts,  and 
on  the  return  of  nulla  bona  on  any  execution  for  costs  issued 
against  a  defendant  in  error,  or  appellee  adjudged  to  pay  the  same, 
I  lie  clerk  of  the  supreme  court  shall  be  entitled  to  issue  execution 
against  the  part}'  who  brought  the  cause  into  said  court,  for  such 
services  as  shall  have  been  performed  therein  at  his  instance,  and 
the  clerk  of  the  supreme  court  is  hereby  allowed,  annuall}^  the  sum 
of  fifty  dollars  for  each  supreme  court  district,  payable  out  of  the 
state  treasury,  by  order  of  said  court,  as  compensation  for  cases 
adjudged  against  the  state,  in  all  cases  brought  to  and  determined 
by  the  supreme  court. 

TO    THE    CLERKS     OF    CIIANCEUY    COCRTS. 

For  iiling  and  marking  each  bill,  answer  or  other  paper. .  5 

Copies  thereof,  for  every  hundred  words 10 

Entering  each  dismission  or  discontinuance 25 

Setting  down  cause  for  hearing 10 

Enrolling  or  recording  each   decree,  for   every   hundred 

words -l'^ 

Each  injunction  or  other  bond 50 

Administering  each  oath  and  certifying  the  same 25 

Entering  slierifi"s  return,  on  every  writ 10 

For  registering  the  probate  of  an}'  will  or  testament,  and 

for  letters  testamentar}'  thereon 1  00 

Eccordmg-  a  will,  testament,  or  codicil,  for  every  hundred 

words 10 

Administering  oath  to  executors,  administrators,  collec- 
tors or  guardians,  and  taking  bond  and  I'ecording  the 

same 

Letters  of   administration,   collections,   or  guardianship. 

and  order  granting  the  same 1  00 

Order  appointing  appraisers  and  copy 50 

Issuing  warrant  of  appraisement 50 

Registering  claims  against  decedent   1-5 

Recording  an  inventory,  appraisement,  or  account  of  ex- 


1 


1 

50 

1 

no 

50 

1 

00 

1 

50 

r.o 

50 

•J 

00 

i^ee5  oj-  Ofjlcers.  335 

ccutor.-5,    lulmiiiistrators,    collectors    or    giiarcliuiis,    Cor 

evciy  luindix'd  words 10 

Filing  and  recording  the  l)ond  of  a  county  ollicer,  to  be 
paid  by  the  officer 

Issuing  tavern  license  and  talcing  bond    

Copy  ol"  tavL'ni  rates  and  certiiicates 

Issuing  license  to  retail  s[)irituous  lionors 

Taking  bontl  thoi'eon 

Issuing  license  under  the  privilege  tax   ■    •  r 

Certifying  tiio  official  act  of  a  justice  of  the  peace,  (»r 
other  certificate,  with  seal 

For  each  day  attending  the  su[)ervisor's  court 

Copying  personal  assessment  rolls,  not  less  than  twenty, 
nor  more  than  lirty  dollars,  payable  out  of  the  countv 
treasury 50  00 

Copying  land  assessment  rolls,  not  less  than  twenty,  nor 
more  than  one  hundred  dollars,  payable  out  of  the 
count}'  treasury 100  00 

TO    CLtUKS    OF   CIUCUIT    COUUTS,    IX    CIVIL    CASES. 

For  each  writ,  other  than  those  hereinafter  mentioned.  .  .  75 

Docketing  each  case,  to  l)e  charged  but  once 15 

Filing  and  marking  all  the  i)apers  in  each  cause 25 

Entering  each  appearance  of   a  defendant,  to  be    charged 

but  once 10 

Entering  each   motion   or  i-ule   on  the  docket,  and  order 

thereon 15 

TO     TUE     CLEKKS     OK     THE     SUPREME    COURT,    CHANCERY    AX1>    CIRCUIT 

COURTS. 

Taking  bond oO 

Entering  non-suit,  discontinuance,  or  nolle  livos 25 

Order  and  copy  of  rule  of  reference 50 

Swearing  each  witness 5 

Entering  each  continuance 15 

Scire  facias,  except  against  jurors  when  cxcuseil 1  00 

Swearing  and  impaneling  every  jurv 10 

Receiving  and  entering  every  verdict 10 

Recording  each  judgment  in   court,  except  of  non-suit, 

discontinuance  or  nolle  pros 25 

Each  subpoena  for  one  witness 25 

Each  additional  name  inserted 10 

Each  commission  to  take  depositions 50 

Copies  of  interrogatories,  for  every  hundred  words 15 

Taking  a  recognizance 50 

Recording  return  on  execution 25 

Administering  oath  and  certifying  the  same 25 

Each  certificate  to  witness 15 


336  Fees  of  Officers. 

Faeh  separate  certiticate,  except  to  jui-ors,  required  to  be 

under  seal 25 

Enrolling  judgment,  for  first  defendant   1  00 

Each  additional  defendant 25 

Filing  and  recording  abstract  of  judgment  or  decree,  and 

indexing  the  same 1  00 

Taxing  cost,  to  be  charged  but  once 25 

Each  marriage  license 2  00 

Bond  for  same. .  ^ 1  00 

For  each  da)^  attending  the  circuit  court,  to  be  paid  out 

of  the  county  treasury 2  00 

No  clerk  shall  charge  a  fee  for  affixing  the  seal  of  his  office,  but 
the  same  shall  be  a  part  ol   his  official  signature. 

IN    CRIMINAL    CASES. 

For  entering  filing  of  indictment,  or  filing  information.  ..  25 

Each  writ,  other  than  subpoenas 50 

Arraigning  prisoner  and  entering  plea 75 

Taking  recognizance oO 

Entering  surrender  of  principal  by  bail 25 

Swearing  and  impaneling  every  jury 25 

Entering  verdict  or  judgment,  each 25 

Swearing  every  witness p 

Each  subpoena,  with  one  witness 25 

Each  additional  name  inserted 5 

Each  motion  and  order  thereon    15 

Special  venire  in  capital  cases *^0 

All  copies,  for  every  hundred  words 10 

For  all  public  services  not  herein  particularly  provided  for,  the 
clerk  shall,  at  each  term,  exhibit  a  detailed  fee  bill,  to  be  examined 
by  the  attorney  general,  or  district  attorney  previous  to  the  allow- 
ance by  the  court,  and  the  court  is  hereby  authorized  to  allow  the 
same,  not  exceeding  fifty  dollars  for  any  one  year,  tn  be  paid  out  of 
the  county  treasury;  Provided,  No  part  of  such  bill  shall  be  for 
fees  which  may  accrue  on  prosecutions  m  which  the  State  may  fail, 
and  the  cost  be  not  taxed  on  the  prosecution. 

to  the  clerks  of   the    supreme   court,    chancery,  and  circuit 

courts: 

For  making  final  records,  furnishing  transcripts  of  records,  or 
copies  of  papers  on  file,  recording  deeds,  and  all  other  writings  and 
instruments  required  l)y  law  to  be  recorded  and  copied,  or  which 
any  person  is  entitled  to  demand  and  receive  copies,  ten  cents  for 
every  hundred  words,  and  the  same  fees  shall  be  allowed  to  all  offi- 
cers'^in  the  state  for  making  and  certifying  copies  of  records,  or 
papers  which  they  are  authorized  to  copy  and  certify;  but  no  fees 
shall  be  allowed  the  clerk  of  the  supreme  court  for  making  final 
records,  or  to  the  clerks  of  the  chancery  or  circuit  courts,  for  making 


Fees  of  Officers.  337 

linal   record  in  any  case,  unless   lliey  arc   required    to  make  a  linnl 
record  by  the  judgment  or  decree  ot'  the  court  rondering  the  same. 
Sec.   2.    Be  it  farther  enacteil,   That  the   county   surveyors  l)e  al- 
lowed the  lollowing  fees,  and  no  more  : 

TO    COUNTV    SUKVtYOKS  : 

For  each  day's  service,  in  uiaking  surve}' 5  00 

For  each  single  plat,  with  certilicate  of  survey',   with  cal- 
culations of  contents 2  50 

With  each  adjoining  plat,  with  note  of  reference 50 

For  every  additional  cop}'  of  plat,  with  certificate  of  sui'- 
vey,  notes  of  reference,  where  there  arc  not  more  than 

three  i)lats  contained  in  one,  in  said  copy 1  U.0 

For  every  additional  plat  in  said  copy 50 

For  surveying  town  lots,  not  exceeding  for  each  day 5  00 

Each  chain  carrier,  for  each  day 1  50 

Sec,  3.  Be  it  further  enacted,  That  the  fees,  chargeable  as  afore- 
said, shall  be  paid  by  the  parties  desiring  the  services  to  be  per- 
formed, and  wiien  the  services  are  rendered  in  obedience  to  an  order 
of  court,  in  a  suit  therein  pending,  the  survej'or  shall  state  an 
amount  of  the  fees  for  such  services,  written  on  the  back  of  one  of 
the  plats  by  him  returned  to  the  court,  and  the  same  shall  be  al- 
lowed in  the  bill  of  costs,  and  taxed  against  the  losing  party,  as 
other  costs,  unless  such  party  shall  already  have  paid  the  same. 

TO    SHERIFFS  : 

For  executing  the  process,  judgments,  and  decrees  of  the  circuit 
courts,  and  for  similar  services  in  other  courts,  levying  an  attach- 
ment on  an  absent,  absconding,  or  other  debtor 2  00 

Summoning  each  garnishee 50 

Serving  summons  or  other  mesne  process,  for  each  defend- 
ant     1  50 

Levying  an  execution 1  50 

Entering  each  writ  in  his  office 25 

Returning  the  same 25 

Each  bail  bond  and  recognizance 50 

Summoning  each  witness .  .  .  : 50 

Executing  a  writ  of  possession  and  return 3  00 

Making  deed  to  purchasers  of  real  estate 2  CO 

Serving  scire  facias  on  each  defendant,  except  defaulting 

jurors  when  excused 50 

Taking  bond  of  every  kind 50 

Impaneling  each  jury  sworn 20 

Summoning  a  special  jury -  t^O 

Serving  any  person  with  a  summons  or  citation  not  herein 

provided  for 50 

Serving  c«.  sa.  on  each  defendant  and  commitment 1  50 

Serving  attachment  for  contempt  and  return 1  50 

22 


338  Fees  of  Officers. 

Serving  interrogatories  and  notice,  or  notice  alone 1  50 

iSummoning  jmy  on  any  inquisition  in  the  county,  attend- 
ing the  same,  and  taking  inquest,  per  day !^  00 

Removing  a  prisoner  on  habeas  corj^us,  each  day  in  vaca- 
tion   ^. 3  00 

Removing  a  prisoner   on  habeas  corpus,   change  of  venue, 

or  o'^herwise,  for  every  mile  going  or  returning 10 

Each  commitment  or  release 1  00 

Victualing  prisoners,  each  day  40 

[And  no  allowances  for  feeding  prisoners  shall  be  made 
made  until  after  the  board  of  supervisors  shall  have  ex- 
amined the  authority-  by  which  each  prisoner  was  confined, 
and  the  discharge,  if  the  prisoner  or  prisoners  be  dis-  . 
charged,  and  shall  be  satisfied,  by  a  computation  based 
thereon,  that  the  account  is  correct.     Acts  1876,  p.  220,] 

Advertising  any  sale,  besides  printer's  charge 1  00 

Executing  death   warrant,   to  be  paid  out  of  the  county 

treasury \         12  00 

On  all  monc}'  made  by  virtue  of  any  decree,   execution, 
attachment  or  other  process,  the  following  commissions, 
to-wit : 
On  the  first  one  hundred  dollars,  three  per  cent. 
On  the  second  one  hundred  dollars,  two  per  cent. 
On  all  sums  over  two  hundred  dollars,  one  per  cent. 
For  attending  in  person,  or  b}'  deputy,  upon  the  terms  of 
the  supreme  court,  chancery  courts,   circuit  courts  and 
supervisors'  courts,  for  himself  and  each  deput}',  (not 
exceeding  two  persons  in  all,  except  by  special  order  of 
the  court,)  each  day,  to  be  paid  out  of  the  county  treas- 
ury on  the  allowance  of  the  court 2  00 

For  attending  elections,  either  himself   or  deputy,   two 
dollars  for  each  da}',    to  be  paid   out   of    the    county 

treasury ' 2  00 

For  impaneling  grand  juries,  serving  all  public  orders  of  court  in 
his  county,  and  for  all  other  public  services  not  otherwise  provided 
for,  a  sum  not  exceeding  fifty  dollars  for  each  3-ear,  to  be  allowed 
by  the  circuit  court,  after  examination  b}'  the  district  attorney,  and 
paid  out  of  the  county  treasury. 

For  executing  all  judgments,  decrees,  orders,  or  process  of  the 
supreme  court,  chancery  courts,  and  supervisors'  courts,  the  same 
fees  as  are  allowed  for  similar  services  in  the  circuit  courts. 

The  sheriff's  fees,  in  state  cases,  when  the  state  fails  in  the  prose- 
cution, to  an  amount  not  exceeding  fifty  dollars  in  any  one  year, 
shall  be  paid  out  of  the  county  treasury-,  on  the  certificate  of  the 
clerk,  of  the  failure  of  the  prosecution,  and  that  the  account  of  said 
sheriff,  for  his  fees,  has  been  allowed  by  the  court,  and  entered  on 
the  minutes.  The  sheriff  shall,  also,  be  allowed  the  reasonable  ex- 
penses of  keeping  any  live  stock,  and,  also,  all  reasonable  expenses 
of  keeping  and  preserving  any  personal  property  levied  on  by  vir- 
tue of  any  execution,  attachment,  or  other   process,   and  such  ex- 


Fees  of  Officers.  339 

peases  sliall  be  allowed  ])v  Iho  court  to  which   the  process  is  return- 
able, and  taxed  in  the  cost  of  suit. 

TO    TAX    COLLECTOl^S  : 

The  comjUMisMtiMii  ol'  shei-ilT*,  wlion  acting  as  tax  collc'ctors,  sliall 
be  live  i)er  centum  on  the  first  ten  thousand  dollars  of  taxes  collected 
for  the  state,  in  any  one  year,  and  five  per  centum  of  the  first  ten 
thousand  dollars  of  taxes  collected  for  the  county,  in  any  one  year, 
including  county,  school,  bond,  and  privilege  taxes,  and  on  all  other 
sums  so  collected,  three  per  centum  ;  and  that  upon  all  taxes  col- 
lected by  them,  after  the  same  shall  become  delinquent,  they  shall 
be  allowed  a  compensation  up  to  March  1st,  ensuing,  of  ten  (10)  per 
cent,,  after  which  date,  the  sum  of  live  (5)  per  cent,  shall  only  be 
allowed,  which  said  additional  compensation  shall  be  collected  out 
of  the  delinquent  tax  payer,  and  never  out  of  the  state  or  county 
treasuries.      [Acts  1877,  p.  18.] 

TO    MEMBERS    OF   THE   BOARDS    OE    SUPERVISORS. 

The  compensation  of  members  of  the  boards  of  supervisors  shall 
be  four  dollars  per  day. 

TO     CORONERS   : 

For  taking  inquisition  on  a  drad  body 810  00 

And  if  a  justice  of  the  peace  ^jerform  said  duty,    he  shall 

receive  the  same  fees  as  provided  for  the  coroner. 
For  all  services  performed    by  them,  the   same  fees   as   are  allowed 

sheriffs  for  similar  services. 

TO    JUSTICES    OF    THE    PEACE: 

For  celebrating  a  marriage,  and  certificate  thereof $1  00 

Each  warrant  in  criminal  case 40 

Witness  or  recognizance 40 

Mittimus  or  recognizance 40 

Warrant,  summons,  or  scire  facias,  in  civil  cases 50 

Proceedings  thereon,  to  judgment 25 

Each  subpffina  containing  one  name 25 

Each  additional  name 5 

Entering  each  suit 10 

Entering  each  judgment ilO 

Swearing  each  witness 5 

Commission  to  take  depositions •'JO 

Issuing  execution 10 

Each  summons  for  garnishee 25 

Taking  examination  of  garnishee 20 

Appeal,  with  proceedings,  bond,  and  allidavit 1  00 

Transcript  of  record,  when  requested 25 

Issuing  attachment,  taking  bond,  and  aflidavit 1  50 

Each  certificate,  not  otherwise  provided  for 25 

Taking  deposition,  each  hundred  words 25 

Each  affidavit  not  otherwise  provided  for 2.J 


340  Fees  of  Officers. 

Taking  proof  or  acknowledgment  of  any  deed  or  mort- 
gage concerning  real  or  personal  estate,  and  certiflcate 
thereof,  for    each    party    (and  the  same  fees   shall  be 

allowed  to   all   other  officers  for  the  same  services.  .  )  25 

Drawing  jury  and  issuing  venire  facias 25 

Swearing  jury  and  entering  verdict '    25 

Advertising  an  attachment,  besides  printer's  fees 50 

TO   NOTARIES    PUBLIC. 

For  protesting  bill  or  note  for  non-acceptance  or  non- 
payment, and  giving  notice  of  same 2  00 

Registering  such  protest  and  making  record 1  00 

Attesting  letters  of  attorney  and  seal 50 

Notarial  attidnvit  to  an  account,  or  other  writing,  and  seal  50 

Each  oath  or  affirmaticn  and  seal .  -^0 

Notarial  procuration  and  seal 1   00 

Certifying  sales  at  auction  and  seal 50 

Taking  proof  of  debts  to  be  sent  abroad 50 

Protest  in  insurance  cases  and  seal 1  00 

Copy  of  record  and  affidavit 1  00 

TO    CONSTABLES. 

Serving  each  warrant  and  summons 50 

Serving  each  warrant  and  summons  in  criminal  cases.  ...  1   00 

Serving  an  attachment 1  00 

Summoning  each  witness 25 

Executing  a  mittimus '5 

Taking  every  bond •  •  •  50 

Levying  execution  and  making  the  money 1  50 

Suinmoning  coroner's  inquest,  to  be  paid  as  the  coroner's 

fees  in  the  same  case.. 1  00 

Conveying  a  criminal  to  jail,  each  mile    10 

Attending  each  trial  in  justice's  court 25 

Summoning  jury ^^ 

Each  cause  tried  by  jury 50 

For  other  services  the  same  fees  allowed  sheriffs  for  similar 
services. 

TO    COMMISSIONERS    AND    MASTERS    IN   CHANCERY. 

Taking  affidavit r^ 

Summons  to  attend  ou  reference 50 

Report  on  reference  to  compute  amount  due 1  00 

All  other  reports,  except  on  taking  accounts 3  00 

Takino;   an   account  on   reference,  for   each  dav  actually 

occupied o  uu 

■   Takin"^  an  examination   of  a  witness,  for  every  hundred 

words -^ 

Certifving  each  exhibit 20 

Copies  of  reports  and  sucli  other  papers  as  the  parties  to  a  refer- 
ence may  require,  the  same  fees  allowed  the  clerks  for  similar  ser- 
vices. 

Executing  deed  pursuant  to  decree ^00 


Fees  of  Officers.  34:1 

JNhikiug  sale  under  decree,  the  siinie  fees  uUowcd  slierill'.s  on  sales 
under  execution,  ^aid  in  no  event  shall  the  clerk  of  the  chancery 
court,  or  other  oflicer,  be  allowed  for  taking  depositions  in  any  case 
more  than  the  sum  of  twenty  cents  per  every  hundred  words;  and 
in  taxing-  the  cost  for  taking  depositions,  it  shall  be  the  dut}'  of  the 
cloik,  or  other  odicer  taking  the  dei)Ositions,  to  state  the  number  of 
words  in  each  disposition. 

Tu    WITNKSSKS  AND    JUKY. 

Witnesses  and  jurors,  in  all  cases  where  the}'  are  entitled  to  com- 
pensation, excei)t  befoi'e  justices  of  the  peace  in  civil  cases,  shall 
receive  one  dollar  and  fifty  cents  per  day,  and  also  live  cents  for 
-each  mile,  going  and  returning,  by  the  nearest  route  from  their  res- 
idence to  the  court  house,  and  also  such  tolls  and  ferriages  as  they 
may  be  actually  obliged  to  pay;  provided,  that  such  mileage,  toll  and 
ferriage  shall  be  charged  but  once  at  each  term. 

Witnesses  and  jurors  in  civil  cases  before  justices  of  the  peace, 
f^hall  be  allowed  one  dollar  per  day,  and  no  more;  and  the  attend- 
ance of  only  one  witness  to  each  fact  shall  be  taxed  in  the  cost  in 
cases  before  justices  of  the  peace. 

Jurors  on  coroner's  inquest  shall  ])e  paid  two  dollars  per  day, 
without  mileage,  to  be  paid  out  of  the  count^^  treasury. 

TO    PRINTERS   AND   TUBLISHERS. 

The  act  of  April  15th,  1876,  provides  :  For  publishing  in  a  news- 
paper any  advertisement,  notice  or  citation  required  by  law,  or  the 
order  of  any  court,  to  be  published,  one  and  a  half  cent  a  word  for 
the  first  insertion,  and  one-half  a  cent  a  word  for  each  subsequent 
insertion,  and  no  more,  to  be  paid  for  on  proof  and  delivery  of  the 
publication  made  as  now  required  by  law. 

Sec.  821,  Revised  Code  1871,  provides:  The  printer,  publisher, 
clerk,  or  superintendent  making  proof  shall  be  allowed  the  sum  of 
one  dollar  for  making  a  cop}-  of  such  publication,  and  for  his  attend- 
ance with  the  newspapers  to  compare  and  depose  to  the  same  ;  and 
the  officer  taking  the  same  shall  be  allowed  fifty  cents  for  adminis- 
tering said  oath  or  alHrmation,  and  certifying  to  the  same. 

Sec.  1699,  Revised  Code  1871,  allows  publishers  for  advertising 
sale  of  delinquent  tax  lands,  three  weeks,  fifteen  cents  for  each 
legal  subdivision,  which  fee  shall  be  ciiarged  by  the  collector  in  the 
bill  of  costs,  and  collected  by  him  for  the  use  of  the  publisher. 

The  Public  Printer  is  allowed,  for  all  advertisements  on  account 
of  the  state,  60  cents  per  square  of  ten  minion  lines,  first  insertion, 
and  40  cents  per  square  two  additional  insertions. 

OFFICERS    TAKING    DEFOSITIONS. 

For  administering  oath  and  certificate  of  the  same 50 

Writing  or  copying  the  deposition,  if  reciuired   to  do  so, 

for  each  hundred  words 20 

TO     REFEREES. 

Referees  or  auditors,  to  whom  civil  causes  are  referred,  shall  be 


•U2  Fees  of  Offieers. 

shall  be  allowed  three  dollars  for  each  da}-  actually  occupied  in  the 
service,  to  be  ascertained  by  their  report,  and  taxed  in  the  cost. 

TO    COUNTY    ASSESSORS. 

On  the  aggregate  amount  of  the  state  taxes  as  assessed  by  him 
and  entered  upon  the  assessment  rolls  of  the  county,  to  be  paid^n 
the  filing  of  said  rolls,  three  per  cent. ;  upon  all  other  levies  predi- 
cated on  tax  assessed  by  him,  state,  school  tax,  or  county  levies,  to 
])e  paid  when  the  levy  is  made,  two  per  centum;  but  this  shall  not 
apply  to  levies  made  by  the  county  supervisors  to  pay  installments 
on  interest  on  any  description  of  bonded  debt  of  the  counties,  nor 
upon  taxes  assessed  for  levee  purposes,  upon  all  of  which  no  com 
mission  shall  be  allowed  to  the  assessor.  The  allowance  for  the 
assessment  of  the  state  taxes  shall  be  paid  to  the  assessor  by  war- 
rant, drawn  by  the  Auditor  upon  the  Treasurer  of  the  state,  on  re- 
ceipt of  a  copy  of  the  rolls,  duly  certified  to  bv  the  clerk  of  the 
Board  of  supervisors,  as  now  prescribed  by  law. 

The  allowance  due  assessors  upon  county  levies  shall  be  pai(4  to 
him  b}'  warrant;  and  drawn  in  proportional  amounts  against  the 
respective  county  funds,  by  the  clerk  of  the  board  of  supervisors, 
upon  order  of  the  board,  when  the  claim  of  the  assessor  has  been 
duly  examined  and  allowed;  2)'''ovided,  that  no  assessor  shall  receive 
a  smaller  compensation  for  completing  the  assessment  than  two 
hundred  dollars,  nor  more  than  fifteen  hundred  dollars;  and  if  the 
assessor's  commissions  do  not  amount  to  two  liundred  dollars,  the 
deficit  shall  be  paid,  one-half  out  of  the  state  treasury-  and  one-half 
out  of  the  county  treasury-. 

The  Revenue  Act  1876,  sec.  15,  allows  the  assessor  a  fee  of  fifty 
cents,  payable  by  all  persons  delinquent  in  returning  tax  lists 
within  tlielime  prescribed,  subject  to  the  condition  in  sec.  7,  Reve- 
nue Act  1877,  that  the  taxpayer  make  oath  that  he  did  not  have 
notice,  or  was  absent,  sick,  etc. 

Sec.  4,  p.  37,  Acts  1877,  requires  that  the  assessors  shall,  in  1877, 
and  biennially  thereatter,  enumerate  the  educable  children  in  their 
respective  counties,  and  make  out  two  alphabetical  lists  thereof, 
giving  name,  age,  sex  and  color  of  each  educable  child,  which  list 
shall  be  verified  by  the  attached  oath  of  the  assessor^niaking  the 
same,  and  file  one  with  the  state  and  the  other  with  the  county  su- 
perintendent by  the  first  day  of  November  of  the  year  in  which 
they  are  made,  and  for  the  services  required  of  him  in  this  section, 
the  said  assessor  shall  receive  1^  cents  per  capita  for  the  children 
so  enumerated  and  listed,  to  be  allowed  by  the  l3oard  of  supervisors 
and  paid  out  of  tlie  school  funds  of  their  respective  counties. 

The  Auditor  of  Public  Accounts  and  the  clerks  of  the  boards  of 
supervisors  of  the  several  counties  of  the  state  are  prohibited  from 
drawing  their  warrants  for  more  than  50  per  cent,  of  the  amount  of 
commissions  due  any  assessor  for  assessing  the  persons  and  prop- 
erty in  his  county,  I'or  the  year  in  which  such  enumeration  ot  the 
educaljle  children  is  required  to  be  made,  until  after  such  assessor 
has  produced   the  certificates  of  the  said  state  and  county  superin- 


Fees  of  Officers.  343 

tendcnts,  or  furnisliod  other  satisfactory  evidence  of  the  filing  with 
them  of  the  lists  provided  for  as  above. 

Sec.  5.  Be  it  furtlier  enacted,  That  the  fees  herein-before  men- 
tioned shall  be  taxed  and  allowed  in  the  bill  of  cost  in  all  suits  or 
actions  where  the  services  respectively  shall  have  been  rendered  ; 
but  no  more  than  one  copy  of  any  matter  shall  be  allowed  in  the 
bill  of  cost;  and  if  any  plaintiff  or  defendant,  his  or  her  attorney, 
shall  take  out  copies  of  his  or  her  own  declaration  or  pleadings,  or 
of  his  or  her  own  paper  in  an}^  cause,  or  of  any  common  order 
made  in  such  cause,  the  charge  of  such  copies  shall  not  be  allowed 
in  the  bill  of  cost,  although  such  party  recover. 

Sec.  7.  Be  it  further  enacted.  That  none  of  the  le(!S  herein-before 
mentioned  shall  be  })ayable  by  any  person  until  there  be  produced 
to  the  person  chargeable  with  the  same,  a  bill  or  account,  in  writing, 
containing  the  particulars  of  such  fees,  signed  by  the  clerk  or  otli- 
cer,  in  which  said  bill  or  account  shall  be  intelligibly  expressed 
every  fee  for  which  mone}-  shall  be  demanded  ;  and  if  an}''  such 
fees  shall  be  or  have  been  paid  without  the  production  of  such  bill, 
the  party  pa3'ing  the  same  shall  at  all  times  be  entith'd  to  demand 
and  receive  from  the  officer  receiving  the  same,  a  copy  thereof, 
without  charge. 

Sec.  S.  Be  it  further  enacted,  That  it  shall  be  lawful  for  the  clerks 
of  the  several  courts  of  this  state  respectively,  when  suits  or  causes 
are  determined,  and  the  fees  not  paid  b\'  the  party  from  whom  they 
are  due,  to  make  out  executions,  directed  to  the  sheriff  or  other 
proper  officer  of  the  county  where  the  party  resides  ;  and  tne  sheriif 
or  other  proper  officer  shall  execute  and  return  such  execution  as 
in  other  cases  ;  and  to  ever}'  execution  shall  be  annexed  a  copy  of 
the  bill  of  costs,  specifying  the  particular  items  thereof,  in  intelli- 
gible words  and  figures  ;  and  all  such  executions  issuing  without 
the  copy  of  the  bill  of  cost  as  aforesaid,  shall  be  deemed  illegal, 
and  no  sheriff  or  other  officer  shall  serve  or  execute  the  same. 

Sec.  9.  Be  it  further  enacted,  That  on  all  executions  in  which 
any  costs  are  included,  a  detailed  statement  of  such  fees  or  costs 
shall  be  entered  in  plain  and  intelligible  words  and  figures,  and  the 
sheriff  or  other  officer  receiving  the  same  shall  add  thereto,  in  like 
manner,  his  fees,  including  all  additional  fees  and  costs,  and  shall 
make  out  a  fair  copy  ol  the  same,  and  deliver  it  on  demand  to  the 
person  from  whom  he  receives  the  money,  or  out  of  whose  property 
he  makes  the  same. 

Sec.  10.  Be  it  further  enacted.  That  if  any  of  said  clerks  shall 
neglect  or  refuse  to  make  out  and  deliver  to  the  person  applying  for 
the  same,  a  certified  copy  of  any  i)aper,  record,  judgment,  decree, 
or  entry,  on  file,  lodged,  or  remaining  in  his  said  office,  when  the 
same  sliall  be  demanded,  he  shall  be  deemed  guilty  of  a  high  mis- 
demeanor in  oflice,  and  shall  forfeit,  for  every  such  neglect  or  re- 
fusal, to  the  party  aggrieved  thereby,  the  sum  of  five  hundred  dol- 
lars, to  be  recovered  by  action  of  debt,  in  any  of  the  circuit  courts 
of  this  state,  and  shall  be  liable  to  indictment  for  every  such  neglect 
or  refusal,  and  upon  conviction  under  such  indictment,  shall  be  fined 


344  Fees  of  Officers. 

in  a  sum  not  exceeding  one  tliousand  dollars,  and  imprisonod  for  a 
term  not  exceeding  tliree  montiis. 

Sec.  11.  Be  it  furtlier  enacted,  That  the  cost  accruing  upon  suits, 
in  any  of  tlie  courts  of  this  state,  sliall  not  be  due  until  final  deter- 
mination of  said  suits,  and  shall  then  be  adjudged  to  the  successful 
party,  and  collected  by  execution  ;  Provided,  That  the  judges  shall 
liave  power  to  order  and  adjudge  cost  and  give  decrees  and  judg- 
ments thereon,  in  the  progress  of  suits,  as  heretofore  practised  in 
said  courts. 

Sec.  12.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
judges  of  the  several  circuit  and  chancery  courts  of  this  state,  to 
require  of  the  clerks  thereof,  to  combine,  in  one  decree,  as  many 
interrogatory  or  other  orders,  as  can  be  lawfully  and  conveniently 
done,  with  a  view  to  prevent  the  increase  of  cost,  and  on  application 
of  any  party,  in  term  time  or  vacation,  to  correct  any  bill  of  cost  as 
cliarged  and  made  out  by  such  clerk. 

Sec.  13.  Be  it  further'enacted,  That  it  shall  be  the  duty  of  the 
clerks  of  the  circuit  and  chancery  courts,  and  of  the  sheriff  of  each 
county,  to  post,  in  a  conspicuous  place  in  his  office,  a  printed  copy 
of  the  bill  of  fees  he  is  entitled  to  receive  under  the  provisions  of 
this  :ict;  and,  for  a  failure  to  post  said  bill,  as  required  by  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor  in  office,  and  liable  to  in- 
dictment by  the  grand  jury  of  his  county. 

Sec.  14.  Be  itfurther  enacted.  That  if  any  sheriff,  clerk,  justice, 
coroner,  constable,  assessor,  collector,  or  any  other  officer,  shall, 
knowingly,  demand,  take,  or  receive,  under  color  of  his  office,  any 
money,  fee,  or  reward,  whatever,  not  authorized  by  this  act,  or  shall 
demand  and  receive,  knowingly,  any  fees  not  enumerated  in  this 
act,  such  officer,  so  oftending,  shall  be  deemed  guilty  of  extortion, 
and  shall  be  punished  according  to  law. 


THE  COURTS. 


SUPREME  COVET  OF  MISSISSIPPI. 


Judges — II.  F.  Simrall,  Chief  Jusliee  ;  H.  II.  Chalmers,  J.  A.  V. 
Campbell,  Associate  Jusiices. 

Clerk — A.  W.  Little. 

Docket  of  First  District  taken  up  oil  Monday  in  October  ;  Second 
District,  3d  Monday  in  February  ;  Tliird  District,  1st  Monday  in 
January. 

First  District — Warren,  Hinds,  Rankin,  Scott,  Newton,  Lauderdale, 
Kemper,  Neshoba,  Leake,  Madison,  Yazoo,  Issaquena,  Washing- 
ton, Sharke}',  Bolivar,  Sunflower,    Holmes,  Attala,  Winston,  and 

•     Noxubee. 

Second  District— Claiborne,  Copiah,  Simpson,  Smith,  Jasjjer, 
Clarke,  Wayne,  Covington,  Jones,  Perry,  Greene,  Pearl,  Marion. 
Hancock,  Jackson,  Harrison,  Adams,  Jefferson,  Amite,  Wilkinson. 
Lawrence,  Pike,  P'ranklin,  and  Lincoln. 

Third  District — Lafayette,  Lowndes,  Clay,  Oktibbelia,  Clioctaw, 
Sumner,  Carroll,  Montgomery,  Leflore,  Tallahatchie,  Calhoun, 
Yalobusha,  Chickasaw,  lUonroe,  Itawamba,  Pontotoc,  Lee,  Panola, 
Coahoma,  Tunica,  Quitman.  DeSoto,  Tate,  Marshall,  Tippah. 
Tishomingo,  Prentiss,  Alcorn,  Grenada,  Benton,  and  Union. 


FEDERAL  COURTS, 


UNITED  STATES  CIECUIT  COURT. 

The  regular   terms  are  held  in  Jackson  on  the  first  Mondays  in 
May  and  November. 
Judge — Pobert  A.  Hill. 
Clerk — George  T.  Swann. 

DISTRICT  COURT  OF  THE  UNITED  STATES. 

Session  commences  for  the  Northern  District,  at  Oxford,  on  the 
first  Monday  in  June  and  December. 

Judge — Eobcrt  A.  Hill. 

Clerk — George  A.  Hill. 

Session  commences  for  the  Southern  District,  at  Jackson,  on  the 
fourth  iMondays  of  June  and  January. 

Clkrk — Archie  INIcGehce. 


346  The  Courts. 

CIRCUIT  AND  CHANCERY  COURTS. 


(From  Acts  of  1876,  as  amended  by  Acts  of  1877.) 
FIRST  DISTRICT— Circuit  Courts. 

Tishomino'O — 2d  Monday  January  and  July — 6  days. 
Alcorn — 3d  Monday  January  and  July — 12  days. 
Prentiss — 1st  Monday  February  and  August — 12  days. 
Lee — 3d  Monday  February  and  August — 18  days. 
Itawamba — 2d  Monday  March  and  September — 6  days. 
Chickasaw,  1st  District — od  Monday  March   and  September — 12 
days. 

Chickasaw,  2d  District — 1st  Monday  April  and  October — 18  days. 
Monroe — 2d  Monday  June  and  1st  Monday  November — 24  days. 

FIRST  DISTRICT— Chancery  Courts. 

Tishomingo — 4th  Monday  March  and  September — 6  days. 

Alcorn — 2d  Monday  April  and  October — 12  days. 

Prentiss — 1st  Monday  April  and  October — 0  days. 

Lee — 1st  Monday  May  and  November — 12  days. 

Itawamba — 4th  Monday  April  and  October — 6  days. 

Chickasaw,  1st  District — 3d  Monday  May  and  November — 6 
days. 

Chickasaw,  2d  District — 4th  Monday  May  and  November — 12 
days. 

Monroe — 1st  MondaN-  March  and  September — 18  days, 

SECOND  DISTRICT -Circuit  Courts. 

Pontotoc — 1st  Monday  Februaiy  and  August — 12  days. 

Union — 3d  Monday  February  and  August — 12  days. 

Tippah — 1st  Monday  March  and  September — 12  da^'s. 

Benton — 3d  Monday  March  and  September — 12  da3'S. 

Marshall — 1st  Monday  April  and  October — 24  days. 

Lafayette — 1st  JMonday  May  and  November — 12  days. 

Yalobusha,  1st  District — 3"d  Monday  May  and  November — 12 
days. 

Yalobusha,  2d  District — 1st  Monday  June  and  December — 12 
days. 

Calhoun — 3d  Monday  June  and  December — 12  days. 

SECOND  DISTRICT- Chancery  Courts. 

Pontotoc — 1st  Monday  March  and  September — 12  days. 

Union — 1st  Monday  May  and  November — 6  days, 

Tippah — 2d  Monday  May  and  November — 12  days, 

Benton — 4tli  Monday  May  and  November — 6  days. 

Marshall — 4th  Monday  Januar}-  and  July — 18  days. 

Lafayette — 2d  Monda_y  April  and  October — G  days. 

Yalobusha,  IstDist. — 4th  Monday  March  and  September — 6  days. 

Yalobusha,  2d  Dist. — 1st  Monday  April  and  October — 6  days. 

Calhoun— 3d  Monday  March  and  September — 6  days. 


The  Courts.        *  317 

THIRD  DISTRICT— CiucL-iT  Colkts. 

Tunica — 1st  Monday  March  and  September  —12  days, 

DeSoto — 3d  iMonday  Marcli  and  Se[)teml)ei- — 18  days. 

Tate — 2d  jMondaN'  after  4tli  Monday   March  and  September — 12 
days. 

Pauola — 4lh   iMt)ii(lav  after  4th  ^londay  3Iare-h  and  September — 
18  days. 

Tallahatchie — 7th  Monday  after  4th  ]\[onday  ^larch  and  Sei)tem- 
ber — 12  days. 

Grenada — 'Jth  jMonchiv  after  4th  ^Nlonda}' March  and  September — 
12  days. 

Quitman — 11th   Monday  after  4th  Monday  March  and  September 
— 6  days. 

TPIIRD  DISTRICT— Chancery  Courts. 

Tunica — 1st  Monda}^  after  4th  Monda}-  March   and  September — 
12  days. 

DeSoto — 3d  Monday  after  4th  I\Iondav  3Iarch  and  September — 
18  days. 

Tate — 6th  Monday  after  4th  ilonday  ^Iiirch   :ind  September — 12 
days. 

Panola — 8th  Monday  after  4th  Monday  March  and  September — 
18  days. 

Tallahatchie — 3d  Monday  March  and  September — 12  days. 

Grenada — 1st  jMonday  March  and  September — 12  days, 

Quitman — 12th   Monday   alter   the  4th  Monday  March  and  Sep- 
tember—  6  days. 

FOURTH   DISTRICT— Circuit  Court. 

Coahoma — 2d  Monday  September  and  March — 12  days. 

Washington — 2d  iMonday  October  and  April — 24  days. 

lioliyar — 4th  Monday  September  and  March — 12  days. 

Issaquena — 4tli  Monday  November  and  Ma}' — 12  days. 

Sharkey — 3d  JNIonda}'  November  and  May — 6  da3?'S. 

Sunflower — 2d  Monday  November  and  Ma^- — 6  days. 
FOURTH  DISTRICT— Chancery  Courts. 

Coahoma — 4th  Monda}' October  and  April — 12  days. 

Washington — 4th  Monday  November  and  May — 18  days. 

Bolivar — 2d  Monday  November  and  May — 12  da^-s. 

Issaquena — 3d  Monday  October  and  April — 6  da3'S. 

Sharkey — 2d  Monday  October  and  April — 6  days. 

Sunflower — 1st  Monday  April  and  October — 6  days. 
FIFTH  DISTRICT— Circuit  Court. 

Sumner — 3d  ^Monday  January  and  August — 12  days. 

Choctaw — 1st  Monday  February  and  September — 12  days. 

Montgomery — 3d  IMonday  February  and  September — 12  days. 

Attala— 2d  Monday  March  and  October— 12  days. 

Holmes — 4th  Monday  March  and  October — 24  days. 

Carroll,  1st  Dist. — 2d  Monday  May  and  November — 12  days. 

Carroll,  2d  Dist. — 4th  Monday  May  and  November — G  days. 

Leflore — 2d  Monday  June  and  December. — 12  days 


318  The  Courts. 

FIFTH  DISTRICT— Chancery  Courts. 

Sumner — 3d  Monday  March  and  October — 6  days. 
Choctaw — 4th  Mondays  March  and  October — 6  days. 
Montgomery — 2d  Monday  March  and  October — 6  days. 
Attala — 3d  Monday  February  and  September — 12  days. 
Holmes — 1st  Monday  February  and  September — 12  days. 
Carroll,  1st  Dist. — 1st  Mondays  April  and  November — 6  days. 
Carroll,  2d  Dist. — 2d  Mondays  April  and  November — 6  days . 
Leflore — 4th  Monday  January  and  August — 6  days. 

SIXTH  DISTRICT—CiRCDiT  Courts. 

Noxubee — 3d  Monday  February  and  August — 24  days. 
Clay — 3d  Monday  March  and  September — 24  da^'S. 
Lowndes — 3d  Monda}^  April  and  October — 24  days. 
Oktibbeha — od  Monday  May  and  November — 18  days. 
Winston — 3d  Monday  January'  and  Juh' — 12  days. 

SIXTH  district—Chancery  Courts. 

Noxubee — 2d  Monday  April  and  October — 12  days. 
Clay — 2d  Monda}^  June  and  December — 18  days. 
Lowndes — 3d  Monday  May  and  November — 18  days. 
Oktibbeha — 1st  Monday'  Februar}'  and  August — 12  days. 
Winston — 4th  Monday  April  and  October — 12  days. 

SEVENTH  DISTRICT— Circuit  Courts. 

Lauderdale — 2d  Monday  February  and  August — 18  days. 
Kemper — lat  INIonday  March  and  September — 12  da^-s. 
Clarke — 3d  Monday  March  and  September — 12  days. 
Wayne — 1st  Monday  April  and  October — 6  days. 
Greene — 2d  Monday  April  and  October — C  days. 
Jackson — 3d  Monda}'  April  and  October — 6  days. 
Harrison — 4th  Monday  April  and  October — 6  days. 
Hancock — 1st  Monday  May 'and  November — 6  da3'S. 
Pearl — 2d  Monday  May  and  November — 6  days. 
Marion — 3d  Monday  May  and  November — 6  days. 
Perry — 4th  Monday  May  and  November — 6  days. 

SEVENTH  DISTRICT— Chancery  Courts. 

Lauderdale — 3d  Monday  May  and  November — 12  days. 

Kemper — 2d  Monda}^  May  and  November — 6  da3-s. 

Clarke — 1st  Monday  May  and  November — 6  days. 

Wayne — 4th  Monday  after  4th   Monday  March  and  September- 

6  days. 
Greene — 3d   ^Nlonda}-  after  4th  Monday    March  and  September- 

6  days. 
Jackson — 1st  Monday  March  and  September — C  days. 


The  Cojtrts.  U9 

Harrison — 2J  Monday  31  arch  and  Scpioniber — 0  da  vs. 

Hancock — 3d  Monday  INIarcli  and  November — 6  daN-s, 

Pearl — 4th  Monday  March  and  September — 6  daysf 

Marion — 1st  INIonday  after  the  4th  Monday  Marcli  and  September 

— 6  days. 
Perr}' — 2d  JMonday  after  4th  Monday    .Marcli  and  September — G 

days. 

EIGHTH  DISTRICT— Circuit    Court. 

Raukhi — 2d  Monday  Febrnary  and  August — 18  days. 
Leake — 1st  Monday  Marcli  and  September — 6  days. 
Neshoba — 2d  Monday  March  and  September — 6  days. 
Newton — 3d  IMonday  March  and  Septeni!)ei' — 6  days. 
Jasper — 4th  Monday  Mai-cli  and  Septembei- — G  days. 
Scott — 1st  Monday  April  and  October — G  days. 
Smith — 2d  Monday  April  and  October — G  days. 
Simpson — 3d  Monday  April  and  October — 6  days. 
Covington — 1st  Monday  May  and  November — 6  days. 
Jones — 2d  Monday  May  and  November — 6  days. 
Lawrence — 4th  Monday  jMa}'  and  November — 6  daj's. 

EIGHTH  DISTRICT— Circuit  Courts. 

Rankin — 2d  Monday  jNIarch  and  September — 12  days. 
Leake — 4th  jMonday  May  and  November — 6  days. 
Neshoba — 3d  Monda^^  May  and  November — G  days. 
Newton — 2d  Monday  May  and  November — G  days. 
Jasper — 4tli  Monday  April  and  October — 6  days. 
Scott — 1st  Monday  May  and  November — 6  da^-s. 
Smith — 3d  Monday  April  and  October — G  days. 
Simpson — 3d  Monday  March  and  September — G  days. 
Covington — 1st  Monday  April  and  October — 6  days. 
Jones — 2d  Monday  April  and  October — G  days. 
Lawrence — 4th  Monda}'  March  and  September — G  days. 

NINTH  DISTRICT— Circuit  Courts. 

Hinds,  1st  Dist. — 4th  Monday  June  and  December — 30  days. 
Hinds,  2d  Dist. — 3d  Monday  August  and  February — 24  days. 
Copiah — 4tli  Monday  A]M'il  and  October — 24  days. 
Madison— 4th  IMonday  March  and  September — 24  days. 
Yazoo — 4th  jMonday  May  and  November — 24  days. 

NINTH  DISTRICT— Chancery  Courts. 

Hinds,   1st  Dist, — 4th  Monday  March  and  Septsmber — 18  days. 
Hinds,  2d  Dist.— 1st  Monday  January  and  July — 18  days. 
Copiah — 1st  Monday  March  and  September — 18  days. 
Madison — 4th  Monday  January  and  July — 24  da3-s. 
Yazoo — 2d  Monday  April  and  October — 24  days. 


350  Bonds  of  Public  Officers. 

TENTH  DISTRICT— CrucuiT .  Courts. 

Lincoln — 4tii  Mouda}-  January  and  Jul}' — 18  days. 
Pike — 3d  Monday  Februaiy  and  August — 18  days. 
Amite — 2d  IMonday  IMarch  and  September — 12  days. 
Franklin — 4lli  jMonday  March  and  Septeinber--12  days. 
Wilkinson — 2d  Monday   after  4th  Monday  March  and  September 

— 12  days. 
Adams — 4th  3Iondav   after  4l1i  Monday  March  and  September — 

18  days. 
Jefferson — 7th  Monday-  after  4th  Monday  March  and  September 

—12  days. 
Claiborne — 9th  Monday  after  4th  Monday   March  and  September 

— 12  da^'s. 

TENTH  DISTRICT— Chancery  Courts. 

Lincoln — 4th  Monday  June  and  December — 12  days. 

Pike — 2d  Monday  June  and  December — 12  days. 

Amite — 3d  Monday  May  and  November — 12  days.  " 

Franklin — 2d  Monday'  May  and  November — G  days. 

Wilkinson — 4th  Monday  April  and  October — 12  days. 

Adams — 4th  Monday  March  and  September — 18  days. 

Jefferson — 2d  Monday  March  and  September — 12  daj-s. 

Claiborne — 2d  Monday  January  and  July — 12  days. 

ELEVENTH  DISTRICT— Circuit  Court. 

Warren — 1st  Monday  January,  April,  October — 4  weeks. 

ELEVENTH  DISTRICT— Chancery  Court. 

Warren — 1st  Monday  February,  May,  November — 4  weeks. 


BONDS  OF  PUBLIC  OFFICERS. 


Auditor  Public  Accounts  (Code  1871,  S  128) $30,000 

State  Treasurer  (Code  1871,  §  150) 80,000 

Secretary  of  State  (Code  1871,  §  117) 3,000 

Superintendent  Public  Educatio'^n  (Code  1871,  §  2001) 20,000 

Superintendent  of  Penitentiary  (Acts  1872,  p.  71) 30,000 

Keeper  of  the  Capitol  (Code  1871.  §  187) 3,000 

Public  Printer  (Code  1871,  §  166) 20,000 

Clerk  Supreme  Court  (Code  1871,  §  427) 5,000 

Commissioner  of  Immigration  (Acts  1873,  p.  103) .  .    10,000 

Commissioner  of  Swamp  Lands  (Acts  1877,  p.  33) 10,000 

Lessees  Penitentiary 100,000 

Sheriffs  (see  Revised  Code  1871,  §  219). 


Congressional  DistTicts.  351 


^j^ 


•Coroner  (Code  1871,  .^  24-1) 2,000 

Justice  of  the  Peace  (Code  1S71,  §  1298) 2,000 

Notaries  Public  (Acts  1872,  p.  147) 2,000 

Circuit  Cleric  (Code  1871,  §  550) 10,000 

Chancery  Clerk  (Code  1871,  §  990),  not  less  than  $5,000,  nor 

more  than 10,000 

(To  be  lixed  by  Chancellor  approving  bond.) 
County  Treasurer  (Code  1871,  §  261),  to   be  lixed  by  Super- 
visors, and  to  cover  amount  likely  to  come  into'his  hands 
in  any  one  year. 

Countv'^Surveyor  (Code  1871,  §  272) 500 

Constable  (Code  1871,  §278). . 1,000 

Ranger  (Code  1871,  §  287) 500 

County  Superintendents  Public  Education  (Acts  1872,  §  2), 
not  less  than  §2,000,  nor  more  than  S5,000,  to  be  lixed  l)y 
Supervisors. 
Supervisors,  in  a  sum  equal  to  one  and  one-half  per  cent,  on 
all  the  property  assessed  and  levied  upon  the  county  the 
year  last  preceding  their  qualilication  (Acts  1876,  p.  4(3). 
-State  Board  of  Education — consists  of  State  Superintendent, 
Secretary  of  State  and  Attorney-General,  and  each  gives 
a  bond  of 20,000 


CONGRESSIONAL  DISTRICTS. 


(As  re-organized  under  Act  of  March  18,  1876.) 

First  District — Tishomingo,  Alcorn,  Prentiss,  Pontotoc,  Lee, 
Itawamba,  INIonroe,  Chickasaw,  Cla}^  Oktibbeha,  Lowndes. 

Second — Tippah,  Union,  Benton,  Marshall,  Lafayette,  Yalobusha, 
DeSoto,  Tate,  Panola,  Tallahatchie. 

Third — Leflore,  Sunflower,  Grenada,  Carroll,  Montgomery,  Cal- 
houn, Sumner,  Choctaw,  Winston,  Noxubee,  Kemper,  Neshoba,  At- 
tala. 

Fourth — Holmes,  Madison,  Yazoo,  Leake,  Scott,  Newton,  Lau- 
derdale, Smith,  Jasper,  Clarke,  Wayne,  Jones. 

Fifth — Hinds,  Rankin,  Copiah,  Simpson,  Covington,  Lawrence, 
Amite,  Franklin,  Pike,  Lincoln,  Clarion,  Pearl,  Hancock,  Perry, 
Greene,  Harrison,  Jackson. 

Sixth — Tunica,  Coahoma,  Quitman,  Bolivar,  "Washington,  Issa- 
quena, Sharkey,  Warren,  Claiborne,  Jefferson,  Adams,  Wilkinson. 


House  of  Representatives. 


HOUSE    OF    EEPEESENTATIVES. 


COUNTIES. 


MEMBERS. 


COUNTIES. 


MEMBERS. 


Adams 3 

Alconi 1 

Amite 1 

Attala 2 

Benton 1 

Bolivar - 

Calhoun i 

Carroll 2 

Chickasaw 2 

Choctaw 1 

Claiborne 2 

Clarke 1 

Coahoma 1 

Copiah 2 

Covington ] 

Clay 1 

DelSoto 3 

Franklin 1 

Greene 1 

Grenada 1 

Hancock  and  Pearl 1 

Harrison 1 

Hinds 4 

Holmes 3 

Issaquena 1 

Itawamba 1 

Jackson 1 

Jasper 1 

Jefferson 2 

Jones 1 

Kemper 1 

Lafayette 2 

Lauderdale 2 

Lawrence 1 

Leake 1 

Lee 2 

Lincoln 1 

Lowndes '> 

Leflore 1 

Madison -> 

^Marion 1 

Total 


Marshall 4 

Monroe 3 

Montgomery 1 

Neshoba 1 

Newton 1 

Noxubee 3 

Oktibbeha 2 

Panola. 3 

Perry 1 

Pike 1 

Pontotoc 1 

Prentiss 1 

Kankin 2 

Scott 1 

Sharkey  1 

Simpson 1 

Smith 1 

Sumner 1 

Sunflower 1 

Tallahatchie 1 

Tippah 1 

Tishomingo 1 

Tunica  and  Quitman 1 

Tate 2 

Union 1 

Warren 4 

Washington 2 

Wayne 1 

Wilkinson 2 

Winston 1 

Yalobusha 1 

Yazoo •  3 

FLOATERS. 

Amite  and  Lincoln 1 

Alcorn  and  Prentiss 1 

Choctaw  and  Montgomery.  .  .  1 

Yalobusha  and  Calhoun 1 

Pontotoc  and  Union 1 


120 


Senatorial  Blstricfs.  3515 


SENATORIAL    DISTEICTS. 


XO.  OF  SENATORS. 

First    District — Hancock,    Ilanisou,  Jackson,  Greene,  Marion, 

Peaii  and  Perry 1 

Sec.jnd — Wilkinson  and  Amite 2 

Third — Pike,  Lincoln  and  Lawrence 1 

Fourth— Adams „• 1 

Fifth — Jetferson  and  Franklin 1 

Sixth — Copiah  and  Claiborne 1 

Seventh — Warren ^ 

Eighth — Wayne.  Jones,  Covington,  Simpson  and  Smith 1 

Ninth — Jasper,  Scott  and  Newton 1 

Tenth — Clarke  and  Lauderdale 1 

Eleventh — Rankin  and  Hinds '• 1 

Twelfth — Madison 1 

Thirteenth — Yazoo 1 

Fourteenth — Holuies 1 

Fifteenth — Leake  and  AUala 1 

Sixteenth — Winston,  Choctaw  and  Sumner ^ 1 

Seventeenth — Noxubee,  Kemper  and  Neshoba 2 

Eighteenth — Lowndes,  Oktibbeha  and  Clay 1 

Nineteenth — Calhoun  and  Yalobusha 1 

Twentieth — Lafayette  and  Pontotoc 1 

Twenty-First — Lee  and  Itawamba 1 

Twenty-Second — Alcorn,  Tishomingo  and  Prentiss •.  .  .   1 

Twenty-Third — Union,  Tippah  and  Benton 1 

Twenty-P'ourth — Monroe  and  Chickasaw ^ 

Twenty-Fifth — Marshall 1 

Twenty-  Sixth — Panola 1 

Twenty-Seventh — DeSoto,  Tate  and  Tunica 2 

Twenty-Eighth — Coahoma,  Bolivar  and  Quitman 1 

Twenty-Ninth — Washington,  Issaquena  and  Sharkey 1 

Thirtieih — Sunflower,  Tallahatchie  and  Grenada 1 

Tiurty-Fihst— Carroll,  Letiore  and  Montgomery 1 

Total 36 


'Zo 


35i  Vote  of  Mississippi. 

THE  VOTE  OF  MISSISSIPPI-1873-1875-1876. 


STATE  TREAS- 
URER. 

1878. 

STATE  TREAS- 
URER. 

1875. 

PRESIDENTIAL 
ELECTORS. 

1870. 

COUNTIES. 

O  CO 

3  g 

re-  P  t: 

2616 
539 

1095 

1210 
293 

1920 
205 

126- 
887 
281 
496 

1225 
234 

1861 
308 
659 

1566 
542 
59 
983 
257 
290 

2321 

12.54 

2044 

30 

312 

835 

1547 

4 

418 

1661 

1256 
597 
617 
183 
980 

2021 

5  o 

"Z   o 
■  J" 

Adams 

Alcorn 

Amite 

2066 

397 

108C 

1130 

503 

813 

42 

1082 

1463 

395 

1880 

1123 

1295 

1714 

229 

1559 

1950 

385 

57 

1152 

242 

312 

3489 

2285 

998 

3G1 

;   1423 

407 

;   1249 

923 

103 

1255 

946 

976 

544 

39 

582 

294 

1576 

355 

41 

622 

513 

80 

543 

345 

460 

1184 

578 

45 

1073 

605 

468 

58 

15G 

781 

1651 

1491! 

57 

688 

1162 

488 

680 

793 

1806 

1189 

1840 

1047 

348 

1563 

1811 

1778 

778 

1049 

1289 

509 

243  s 

633 

1737 

2400 

747 

303 

1230 

492 

760 

2836 

2291 

266 

980 

778 

1163 

678 

414 

1339 

2070 

1977 

797 

1182 

2423 

1317 

2137 

1626 
1606 
1471 
1972 
1150 
1296 
1796 
1995 
1892 

968 
1501 
1451 

789 
2611 

620 
2951 
2546 

919 

381 
1291 

547 

758 
4502 
2614 

788 
1410 

887 
1321 
1547 

342 
1597 
2474 
2030 

847 
1473 
2731 
1277 
2073 

2324 

663 

73 

Attala 

1071 

Benton 

754 

Bolivar 

2089 

Calhonn 

166 

Carroll 

1017 

Chickasaw 

1005 

Choctaw 

153 

Claiborne 

423 

Clarke 

Coahoma 

797 
1446 

Copiah 

1642 

Covin  o"ton 

283 

Clay 

818 

DcvSoto 

1669 

Franklin 

439 

Greene 

58 

Grenada  

636 

Hancock 

309 

Harrison 

297 

Hinds 

1475 

Holmes 

1151 

969 

Itawamba. 

41 

Jackson 

322 

627 

1294 

33 

1229 

1355 

1399 

9 

555 

715 

872 

2725 

343 

Jasper 

699 

Jefferson 

419 

Jones 

14 

Ivemper 

904 

Lafayette 

1532 

Lauderdale  

596 

Lawrence 

628 

Leake 

442 

Lee 

206 

Lincoln  ..  , 

Lowndes 

875 
2 

Vote  of  Mississippi.  *^ij5 

THE  VOTE  OF  MISSISSIPPI-1873-1875-1876-Contin-Licd. 


COUNTIES. 


Leflore 

Madison 

Marion 

]\[arshall 

Monroe 

jNIontgoraery 

Ncslioba 

Newton 

Noxubee 

Oktibbeha.... 

Panola 

Perry 

Pike 

Pontotoc 

Prentiss 

Pearl 

Rankin 

Scott 

Simpson 

Kharkey 

Smith 

Sumner , 

Sunflower 

Tallahatchie. 

Tipixili 

Ti.shoraingo.. 

Tunica , 

Tate 

ITnion 

Warren 

Washington.. 

Wayne 

Wilkinson  .... 

Winston 

Yalobusha.... 
Yazoo 


Total 

IMajority.. 
Total  vote. 


STATIC    TKEAS- 
UKKK. 

187^5. 


STATE    TREA8- 
UKEH. 

1875. 


PRESIDENTIAL 

ELECTOKS. 

1876. 


^^ 


728, 

2331 

21G 

312G 

2007 

923 

108 

23? 

2378 

1233 

2939 

6 

870 

474 

2ib 

1 

1079 

344 

285 


20 


421 
812 
291 
67 
720 

1338 
481 

1572 

1829 
253 

1407 
54 
938 

2427 


GSli 


:i99 

o  r;  o 

1009 

781 

5 

1506 
844 

1211 

473 

2^5 

76 

G87i 

1203 
411 


a^  2 


216 

424 

354 

1488 

197 

487 

1998 

3186 

1837 

2613 

940 

1291 

135 

1002 

549 

1420 

103 

1383 

44 

730 

1485 

2968 

48 

36J 

892 

1393 

1292 

144- 

1202 

1857 

102 

133 

1028 

1672 

723 

1138 

496 

737 

1149 

799 

34( 

1239 

1468 

1352 

141 

1973 

1204 

3606 

2043 

586 

400 

908 

168' 

4014 


5  '^ 

■  Vj 

1334 

1357 

698 

2587 

1473 

13 

214 

458 

240 

2856 

3278 

3050 

1546 

2793 

1897 

763 

1514 

451 

136 

1106 

119 

432 

1642 

302 

1082 

1628 

14.9 

1598 

1373 

1023 

2400 

2790 

2517 

36 

332 

31 

1200 

1524 

875 

464 

1635 

561 

71 

1881 

163 

7 

182 

11 

1028 

1789 

788 

490 

1383 

49 

332 

788 

341 

591 

92 

44 

1115 

10 

342 

987 

410 

378 

529 

239 

969 

1U4 

1 

26>: 

1559 

327 

12 

1282 

30 

1165 

229 

1398 

1495 

1947 

1508 

397 

1611 

398 

2042 

2036 

623 

1638 

2901 

1598 

363 

622 

464 

1808 

1262 

1425 

377 

1173 

303 

941 

1904 

861 

7 

3674 

2 

67.171 

109,430 

53,234 

way's  m 

a  1 

31,544 

majorit 

v 

56,196 

:)5<3  Vote  of  Mississippi. 

VOTE  OF  MISSISSIPPI,  1876— BY  CON&BESSIONAL  DISTRICTS. 


FIRST    DISTRICT. 

Counties.  H.  L.  Muldrow,  Dem.         J.  W.  Lee,  Rep. 

Alcorn 1605  661 

Chickasaw 1894  1005 

Clay 1948  816 

Itawamba 1396  44 

Lee 2724  208 

Lowndes 2074  2 

Monroe    2765  1915 

OkLibbeha 1:^99  993 

Pontotoc 1633  565 

Prentiss 11177  181 

Tishomingo 1282  30 

Totals 20,597  5,420 

SECOND    CONGRESSIONAL    DISTRICT. 

Counties.  Van  H.  Manning,  Dem.     Tnos.  Walton,  Rep. 

Benton 1147  754 

DeSoto 2542  1661 

Lafayette 2463  1538 

Marshall 3256  3036 

Panola 278G  2518 

Tallahatchie 1145  1 

Tate 1947  1499 

Tippah   1554  329 

Union 1608  391 

Yalobusha 1S81  S62 

Totals 20,329  12,589 

THIRD    CONGRESSIONAL     DISTRICT. 

Counties.  H.  D.  ]Money,  Dem.     W.  W.  Chisholm,  Rep. 

Attala 1977  975 

Calhoun 1801  117 

Carroll 2008  996 

Choctaw 968  155 

Grenada W^l  625 

Kemper 1573  890 

Leflore....* 1367  696 

^lonto'omery 1545  415 

Neshoba..." 1106  119 

Noxubee 1632  1405 

8un(lower 523  231 

Winston 1177  287 

Huraner 9S9  408 

Totals 17,955  7,320 


Vote  of  Mississippi.  357 


FOUltTir    CON(JKESSIOXAL    DISTRICT. 

Counties.  ().  K,  Singleton,  Dem.         W.  31.  Hancock,  Kep. 

Clarke 1443  80.') 

Holmes 2G12  1149 

Jasper.... 1314  704 

Jones 838  18 

Lauderdale 2039  587 

Leake 1474  441 

Madison 146()  10 

Newton 1G42  300 

8cott 1388  49 

Smith 1115 

Wayne G21  464 

Yazoo 3(J78  2 

Totals 10,130  4,529 

FIFTH    CONGRESSIONAL    DISTRICT. 

Counties.  C.  E.  Hooker,  Dem.  M.  Shaughnessey,  Rep. 

Amite 1477  73 

Copiah :iG15  1639 

Covino-ton 623  281 

Franklin 921  438 

Greene 380  58 

Hancock 547  304 

Harrison 752  301 

Hinds 4416                  •  1473 

Jackson 890  340 

Lawrence 852  621 

Lincoln 1280  8G6 

Marion 458  240 

Pearl 182  11 

Perry. 339  24 

Pike 1536  862 

Eankin 1800  776 

Simpson 790  339 

Totals 19,858  "        8,646 

SIXTH    CONGRESSIONAL    DISTRICT. 

Counties.  J.  E.  Chalmers,  Dem.     J.  E.  Lynch,  Rep. 

Adams 1684  2265 

Bolivar 1298  2073 

Claiborne 1498  426 

Issaquena 938  "  722 

Jerterson 1545  420 

Sharkey 591  91 

Tunica.. 958  381 

Warren 2043  615 

Washino-ton 2905  1 591 

Wilkinson 1255  1432 

Totals 15,988  11,188 


358  Postoffices  in  Mississippi. 

ALPHABETICAL  LIST  OF  POST  OFFICES  IN  MISSISSIPPI. 

[  The  names  of  places  in  italic  indicate  county  sites.] 

POST  OFFICE.  COUNTY.      POST  OFFICE.  COUNTY. 

_ _  j 

Abbeville Lafayette.  Black  -Hawk Carroll. 

Aberdeen Monroe.   Black  Jack Benton. 

Ada Choctaw.  Blackmonton Carroll, 

Adamsville Greene.   Blue  Mountain Tippah. 

Aii'  Mount Yalobusha.   Bogue  Chitto... Lincoln. 

Alexander Issaquena.   Boland's  Itawamba. 

Alexis, Tunica.   Bolton's  Depot Hinds. 

Allen's   Store Tishomingo.   Booneville Pi-entiss. 

Allgood's  Mill Noxubee.  Bovina Warren, 

Aiuericus Jackson.  Bradle}' Oktibbeha. 

Antioch Alcorn.  Brandon Rankin. 

Appleton Harrison.   Bridgeport Simpson. 

Ai'eola..., Washington,  llrookhaven Lincoln. 

Ai'kabutla Tate.  Brooks  Landing Claiborne. 

Ai'tesia , Lowndes,   Brooksville Noxubee. 

Ash  Creek Oktibbeha.   Brownsville Hinds. 

Ashland Benton.  Brunswick Warren. 

A.tlanta Chickasaw.   Bucatnnna Wayne. 

A^uburn .Hinds.  Buck  Creek Greene. 

Augusta Perry,  Buena  Vista Chickasaw. 

Austin Tunica.  Bunckle}^ Franklin. 

Australia Bolivar,  Bumcombe Union. 

Baldwyn Lee.   Bunker  Hill Smith. 

Baloil ^Marshall.  Burnsville Tishomingo. 

Bankston Choctaw.   Burnt  Mills Tishomingo. 

Banner Calhoun.  Burton's Tishomingo, 

Batesville Panola,   Bn rton ton Copiah, 

Bay  Saint  Louis Hancock,   Byhalia Marshall. 

Bay  S[)rings Tishomingo.  By  ram Hinds. 

Bear  Creek Hinds.   Cadaretta Sumner, 

Beech  Springs Neshoba,  Caledonia ; Lowndes, 

Beauregaid Copiah.   Calhoun Madison. 

Bellefontaine Sumner,  Calvert's  Store Kemper. 

Belmont Tishomingo.   Camden Madison. 

Belan Quitman.    Campbell  Switch Alcorn. 

Benela Calhoun,  Canaan Benton. 

Benton Yazoo.   Canton Madison. 

Bethlehem Marahall.   Cardsville Itawamba. 

Beulah Bolivar.  Carolina Issaquena. 

Bigb V  Fork Ilawam ba.    Carrollton Carroll . 

Big  Creek Calhoun.  Carson's  Landing Bolivar. 

Big  Springs Clay.  Cartersville Tishomingo. 

Biloxi Harrison.   Carthage Lea'ke. 


Postoffices  in  Mississippi.  359 

Alphabetical  List  of  Post  Offices  in  Mississippi— Contimied- 

"[  Tlie  names  of  places  in  itdllc  indicate  county  sites.] 


POST  OFFICE.  COUNTY, 

Case3'villc Lincoln. 

Caswell Lafayette. 

Cato Rankin. 

Cayuga Hinds. 

Cedar  Bhill Clay. 

Cedar  Grove Pontotoc. 

Cedar  Tree Chocta^v. 

Center  Point Tallahatchie. 

Central  Academy Panola. 

Centre Attala. 

Centreville Amite. 

Chapel  Hill Ilinds. 

Charleston — Tallahatchie. 

Chastain. Itawamba, 

Chatawa  Pike. 

Cherry  Creek Pon totoe. 

Cherry  Hill Calhoun. 

Chester Choctaw. 

Chestervil  le Lee. 

Chewalla  Mills :Nrarshall. 

Chew's  Landing Holmes. 

China  Grove Pike. 

Choctaw  Agency Oktibbeha. 

Chulahoma Marshall. 

Ch  un  key Newton . 

Church  Hill Jefferson. 

Claiborne Jas[)er. 

Clarksdale Coahoma, 

Cla}' Clarion. 

Clinton Hinds. 

Cobb  Switch Lowndes, 

Cockrum DeSoto. 

Coffadeliah  Neshoba, 

Coffeeville Yalobush  a. 

Cold  Si)rings Vv'ilkinson, 

Cold  Water ...Tate, 

Coleman Marsliall, 

Cole's  Creek Calhoun. 

Columbia Marion. 

Coliivihus Lowndes. 

Commerce Tunica. 

Como  Depot Panola. 

Conerly's Pike. 


POST  OFFICE. 


COUNTY. 


Conway Leake. 

Coonewar Lee. 

Coopwood Winston . 

Corinth Alcorn. 

Cornersville, Benton, 

Corrona , Lee. 

Cotton  Gin  Port IMonroe, 

Cotto n  Plan t. Ti ppali . 

Cotton  Valley Calhoun. 

County  Line Tallahatchie. 

Couparle  City Madison. 

Courtland Panola. 

Crawfordville Lowndes. 

Creswell Jasper, 

Crevi Tallahatchie. 

Cross  Roads Greene, 

Crystal  Springs Copiah , 

Cumberland.* Sumner. 

Cushtusa Neshoba. 

Daleville Lauderdale. 

Dall  as Lafayette. 

Damascus Scott. 

Danville Alcorn: 

Davisville , Jasper. 

Deasonville Yazoo. 

Decatu  r Newton. 

DeKalb Kem  pe  r. 

DeLay Lafayette 

Del  ta Coahoma 

Denmark Lafayette. 

DeSoto Clarke. 

De  Soto  Front DeSoto. 

Dido Choctaw. 

Dixon Neshoba. 

Dobsonville Smith. 

Double  Springs Oktibbeha. 

Dover .Yazoo, 

Dowd's  Landing Coahoma. 

Dry  Grove., Hinds. 

Dry  Run ; Prentiss. 

Dublin.... Coahoma. 

Duck  Hill Montgomery. 

Dumas Tippah- 


360  Postoffices  in  Mississippi. 

Alphabetical  List  of  Post  Offices  in  Mississippi— Continued. 

[The  names  of  places  in  italic  indicate  county  sites.] 


POST  OFFICE.  COUNTY.       POST  OFFICE.  COUNTY. 

Duncansb}' Issaquena.  Georgetown Copiah. 

Durant  ., Holmes.  Gholson Noxubee. 

Early  Grove ^Marshall.   Glencoe...'. Bolivar. 

Edinburgh Leake.   Glenville Panola. 

P^dwards'  Depot Hinds.  Good  Hope Leake. 

Egg's  Point Washington.   Goodman Holmes. 

Egypt Chickasaw.   Goshen  Springs Rankin. 

Elliott  Grenada.  Grand  Gulf Claiborne. 

Elliott's  Mills Panola.  Gray's  31111 Holmes. 

Eilistown .Lee.   Grays[)ort Grenada. 

EUisville Jones.   Greensboro  ugh Sumner. 

Energy Clark e.   Greenville Wash ington . 

Ennis  Store Oktibbeha.   Greenwood Leflore. 

Enon  Perry.   Grenada Grenada. 

Enterprise Clarke.   Gum  Grove  Landing Holmes. 

Erata Jones.  Gum   Ridge Jefi'erson. 

Esparaii  za Pon  totoc.  Gun  town Lee. 

Estill Washington.  Hamilton Monroe. 

Etchehoma  Jasper.  Handsborough ILarrison. 

Eucu tta Wayne.  Hardy  Station Grenada. 

E udora DeSoto.   Harpersville Scott. 

Eureka Lee.  Harrison  Station. ..Tallahatchie. 

Faisonia Sunflower.  Harrisville Simpson. 

Falkner Tippah.  Hashuqua. Noxubee. 

Fannin Rankin.  Hays'  Landing Issaquena. 

Fayette Jefferson.  Hazel  Dell Pi-entiss. 

Foarn's  Springs Winston.  Ilazlehurst Copiah. 

Flint  Creek Harrison.   Hebron Lawrence. 

Flower's  Place Smith.  Herbert Neshoba. 

Fordsville Clarion.  Hernando DeSoto. 

Forest Scott.  Hickory Newton. 

Forest  Home Warren.  Hickorv  Flat Benton. 

Fort  Adams Wilkinson.    Hickory  Plains Prentiss. 

Fort  Stephens Kemper.   High    Hill Leake. 

Fredonia Union.   Highland Tishomingo. 

F'rench  Camps Choctaw.   Hillsborough Scott. 

Friar's  Point Coahoma.  Hillside Tishomingo. 

Friendship   Lincoln.   Ilolhj   Springs ^Marsiiall. 

Fulton.... Itawaml)a.   Holmesville Pike. 

Gainesville Hancock.  Homewood Scott. 

Gallraan Copiah.  Hopewell Caliioun. 

Garlandville Jasper.  Horn  Lake DeSoto. 

Gai-ner Yalobusha.    Houlka Chickasaw. 


Postoffices  in  Mississippi-  361 

Alphabetical  List  of  Post  Offi«es  in  Mississippi— Continued. 

[  The  n!\ines  of  places  in  itall:  indicate  county  sites.] 


POST  OFFICE.  COUNTY.      POST   OFFICE.  COUNTY. 


Houston Chickasaw.  Lawrence  Newton. 

Hudson Tunica.  Law"s  Hill Marshall. 

Iludsonville Marshall.  Leaf Greene. 

Ilulberton Coahoma.   Lealcesville Greene. 

Huntsville Mont<i;omory.   Lcota   Landing- Washinj^ton. 

Hurricane Warren.  Lewisburgh, DeSoto. 

Hurricane  Creek Lauderdale.  Lexin(iton Holmes. 

hKlcpendence Tate.   Liberty Amite. 

Indian  Bayou Sunllower.  Line  Creek Sumner. 

Ingomar Issaquena.  Lockhart Lauderdale. 

liika Tishomingo.  Locust  Grove Union. 

Jacinto Alcorn.  Locli IMontgomery. 

Jackson  (capital) Hinds.   Lone    Star Itawamba. 

Jacksonwood Amite.  Longtown Panola. 

Java Neshoba.  Looxah oma Tate. 

Jaynesville Covington,  Louisville Winston. 

Jertferiesville Claiborne.  Love's  Station DeSoto. 

Jewell's  Hill Jasper.  Ludlow... Scott. 

Johnsonville Sunflower.  Luxapeliio Lowndes. 

Johnston's  Station Pike.   McCall's    Creek Franklin. 

Jonesborough Tippah.   McComb  City Pike. 

Jonestown Coahoma.   McDonald's  Mills Perry. 

Kellis'  Store Kemper.  McKinneyvillc Sharkey. 

Kennedy's  Store Itawamba.  McNutt LeHore. 

Kewanee Lauderdale.  iNIacedonia Lee. 

Kibbeville Franklin.  3Iaco/} Noxubee. 

Kienstra's  Store Adams.  iNIadisou  Station Madison. 

Kilmichael Montgomer}'.   AlagnoUa ■. Pike. 

Kingston, Adams.   Marietta Prentiss. 

Knight's  Mills Jones.   Clarion    Station Lauderdale. 

Kirkwood Madison.   Mashulaville Noxubee. 

Knoxville ' Franklin.   Jlayerville Issaquena. 

Kosciusko Attala.   Mayhew's  Station Lowndes. 

Kossuth Alcorn .   Meadville Fran kl i n . 

Lafayette    Springs Lafayette.  Meridian  Lauderdale. 

Lagrange Choctaw.   ^lichigan  City Benton. 

Lake Scott.  INIitl way Hinds. 

Lake  Como Jasper.   Millville. ^[adison. 

Lake  Wash ington Was hington .   Mississippi   City Harrison . 

Lamar ^Marshall.  .Alitchell  s  Mill Attala. 

Langside AVilkmson.  JNIolino Union. 

Lauderdale  Station.. ..Lauderdale.   Monroe Perry. 

Laurel  Hill Neshoba.  Monte    Vista Sumner. 


362  Postofflces  in  Mississippi. 

Alphabetical  List  of  Post  Ofnces  in  Mississippi— Continued. 

[  The  names  of  places  in  italic  indicate  county  sites.] 


POST  OFFICE. 


COUNTY.       POST  OFFICE, 


COUNTY, 


Montgomery Lincoln . 

IfonticeUo Lawrence. 

jNIontpelier Clay. 

Montrose Jasper. 

]\[oore's  Mills Newton. 

Mooresville Lee. 

Morgan's   Fork Franklin. 

Morton   Scott. 

Moscow Kemper. 

Moss  Point Jackson. 

Mountain   Creek Eankin  . 

Mount  Carrael       Covington. 

Mount  Hope Coinali . 

Mount  Olive Covington  . 

Mount  Pleasant Marshall. 

Mount  Zion      Simpson  . 

Mud  Creek Pontotoc. 

Muldon Monroe . 

j^atchez    Adams . 

Neblet's  Landing Bolivar. 

Nesbit's  Station DeSoto . 

jSfew   Albany Union  . 

New  Hope Yalobusha. 

New  Ireland Newton. 

New  Port Attala. 

New  Prospect Winston. 

New  Site Prentiss . 

Newtonville Attala . 

New  Town  Landing Warren  . 

JSTewton Newton. 

Noxapatei- Winston . 

Oak  Farm Tishomingo. 

Oakland Yalobusha 

Oakohay   Covington . 

Oak   Vale Lawrence . 

Ocean  Springs Jackson  . 

Ofahoma Leake . 

Offutt Washington  . 

Okolona Chickasaw . 

Old  Hickory Simpson 

Olive  Branch DeSoto . 

O'Neal's Amite. 

Orizaba Tippah  . 


Osyka Pike. 

Othello .    .  .Tunica. 

Oxford Lafayette  . 

Palmetto   Home Yazoo. 

Palo  Alto Clay. 

Parmitchie A'corn . 

Pascagoula Jackson . 

Pass  Christian Harrison . 

Paulding Jasper. 

Peach  Creek Panola. 

Pearce Lee . 

Pea  Ridge Kemper . 

Pearlinglon Hancock. 

Peden Kemper . 

Pelahatchie  Depot .  .  ^ . .  Pankin  . 

Percy Washington . 

Perkinsville Winston . 

Perth Jefferson  . 

Philadelphia . Neshoba. 

Pickens  Station Holmes. 

Pine  Bluff Clay. 

Pine  Grove  . Benton  . 

Pine  Valley Yalobusha. 

Pineville. . '. Smith. 

Pinnellville Jones 

Pittsborou;/h Calhoun . 

Plattsburgli Winston . 

Pleasant  Grove ! Panola. 

Pleasant  Hill DeSoto . 

Pleasant  Mount Panola. 

Plum  Bluff Jackson  . 

Plum  Point DeSoto. 

Polkvilie Smith. 

Pontotoc Pontotoc. 

Pope's  Depot Panola. 

Poplar  Creek.  .    ..Montgomery. 

Poplar    Springs Pontotoc. 

Port  Gihson Claiborne. 

Pott's  Camp jMarshall. 

Prairie   Point Noxubee. 

Prairie  Station Monroe  . 

Prentiss Bolivar . 

Providence   Grenada. 


Postoffices  in  Mississippi.  363 

Alphabetical  List  of  Post  Offices  in  Mississippi— Continued. 

[  The  names  of  places  in  iljiVv-  indicate  count}'  sites,  j 


POST  OFFICE. 


COUNTY.      POST  OFFICE. 


COUNTY. 


Quincy 3Ionroe. 

Quitman Clarke , 

lialeujh Smith, 

Randall's  Blulf Winston  . 

Randolph Pontotoc . 

liaymond Hinds . 

Red  Banks filarshall. 

Red  Land Pontotoc . 

Red  Lick ,Iefierson  . 

Refuge Washington . 

Jiiceville Pearl . 

Rienzi Alcorn. 

Rio Kemper. 

Bipley Tippah. 

Riverton  .  .  .  .  ; Bolivar . 

RobertsonVille Coahoma. 

Robson's  Landing Coahoma. 

Rock  Hill .' Benton. 

Rockport Copiah . 

Rocky   Springs Claiborne. 

Rodney Jefferson . 

Roebuck   Leflore . 

Rolling  Fork Sharkey  . 

Rome Winston  . 

Bosedale Bolivar. 

Rose  Hill Amite. 

Ruckersville Tippah . 

Rushing's  Store Lauderdale. 

Sabougla Calhoun . 

Saint  Elmo Claiborne. 

Salem Benton. 

Sallis    Attala. 

Saltillo Lee. 

Santee Covington . 

Sardis .Panola. 

Sarei)ta Calhoun . 

Satartia .Yazoo . 

Scooba   Kemper. 

Scranton. Jackson  . 

Senatobia Tate . 

Sessumsvillc Oktibbeha . 

Shady  Grove Jasper. 

Sharon Madison. 


Shell  Mound Leflore. 

Sheppardtown Leflore. 

Shongalo Smith. 

Shubuta Clarke. 

Shuqualak Noxubee. 

Sidon Leflore. 

Siloam :    ...  .Clay. 

Silver  Creek Lawrence. 

Silver  Springs Alcorn  . 

Singleton W^inston . 

Slate  Spring Calhoun  . 

Slayden's  Crossing..  .  .^Marshall. 

Smith's  Station Hinds. 

Smith  ville Monroe. 

Sonora Cla}' . 

Sparta Chickasaw. 

Spring  Cottage Marion. 

Spring  Dale Lafayette. 

Springport Panola. 

Spring  Valley Sumner. 

iStarkciUe. .  .^ Oktibbeha. 

Star  Phice Panola.. 

State  Line  Station Greene. 

Station  Creek Covington  . 

Stcen  s  Creek Kaukiu . 

Stoneville Washington. 

Stonewall Harrison. 

Stormville Bolivar. 

Strayhorn Tate . 

Suearnoochce .Kemper. 

Sulphur  Springs Madison  . 

Summit ■  Pike . 

Tacaleeche Benton . 

Tallulah Issaquena. 

Tamola  Station Kemper. 

Tampico Clay . 

Taylors  Depot Lafayette. 

TaylorsvAle Smith . 

Tchula Holmes. 

Temperance  Hill 31onroe. 

Terrene Bolivar. 

Terry Hinds. 

Thoinastown Leake. 


364:  Postoffices  in  Mississippi. 

Alpliabetcal  Lst  of  Post  Offices  in  Mississippi— Continued. 

[  The  names  of  places  in  italic  indicate  county  sites.] 


POST  OFFICE.  COUNTY. 

Thjatira Tate. 

Tibbee  Station Cla}- . 

Tillatoba. Yalobuslia. 

Tipiersville Tippali . 

Toccopola Pontotoc . 

Toomsuba Lauderdale. 

Torrance Yalobusha. 

Tougaloo Hinds . 

Tremont Itawamba. 

Trenton Smith . 

Tupelo Lee  . 

Turner's Franklin . 

Turnerville Jasper . 

Twistwood Jasper . 

Tyro Tate . 

Uuiou Newton . 

Union  Church Jefferson  . 

Union  Mills Tippah  . 

Utica Hinds . 

Vaideu Carroll . 

Vaughan Yazoo . 

Vernal Greene . 

Vernon Madison . 

Verona Lee . 

Vickshurg Warren . 

^Yahalak Kemper. 

Wallerville Union. 

Wall  Hill Marshall. 

Walnut Tippah. 

Walnut  Grove Leake. 


POST  OFFICE.  COUNTY, 

Walthall Sumner. 

Walton.., Lafayette. 

Warrenton Warren  . 

Washington Adams . 

Waterford Marshall. 

Water  Valley .Yalobusha. 

Watkinsville Neshoba . 

Watson Marshall.. 

Waveland Hancock. 

Wayneshoroufjh Wa^'ne. 

Webster Winston . 

Wesson Copiah . 

Wells. Attala. 

West  Fork Lawrence . 

West  Point Clay. 

West's  Station Holmes. 

WestviUe Simpson . 

Whitefield Oktibbeha. 

Why  Not Lauderdale. 

Wilkesburg Covington. 

Williamshurgh Covington . 

Winchester AYayne. 

Winona Montgomery. 

Woodrille Wilkinson . 

Yazoo  City Yazoo . 

Yellow  Rabbit Benton. 

Yocony Itawamba. 

Yorka .' Leake . 

Zion  Hill Amite. 


Counties  and  County  Sites.  365 


COUNTIES  AND  COUNTY  SITES. 


COUNTY.  COURTS  HELD  AT.   COUNTY.       COURTS  HELD  AT. 


Adams ..Natchez.  Lowndes Columbus. 

Alcofii Corinth.  Leflore Greenwood. 

Amite ...Libert}-.  ^ladison Canton. 

Attala Kosciusko.  IMarion Columbia. 

Benton Ashland.   Marshall Holly  Sprinos. 

Bolivar Floreyviile    Monroe Abfideen. 

Calhoun Pittsl)uio.   Montgoniery Winona. 

„         ,,     )    Carrolllon.   Neshoba Philadelphia. 

'^''^^''■°'''    j"   Vaiden.  Newton Decatur. 

^,,  .  ,  I  Houston.  Noxul)ec Macon. 

Oliickasaw.  ^ Okolona.  Oktibbeha Starkville. 

Choctaw Chester.   Panola Sardis. 

Claiborne Port  Gibson.  Perry Augusta. 

Clarke Enterprise.  Pike Magnolia. 

Coahoma Friars'  Point.  Pontotoc Pontotoc. 

Copiah Hazlehurst.  Prentiss Booneville. 

Covington Williamsburg.  Pearl Riceville. 

Cla_y W'^est  Point.   Quitman Belan. 

DeSoto Hernando.  Kankin Brandon. 

Franklin 3Ieadville.   Scott Forest. 

Greene Leakesville.  Sharkey Rolling  Fork. 

Grenada Grenada.   Simpson Westville. 

Hancock Shieidsboro.   Smith Raleigh. 

Harrison Mississippi  Citw   Sumner Walthall. 

„.    ,     ]    Raymond.   Sunllower Johnsonville. 

^"^^^•^'^'f   Jackson.   Tallahatchie Charleston. 

Holmes Lexington.  Tippah Ripley. 

Issaquena Mayersville.  Tishomingo luka. 

Itawamba Fulton.  Tunica Austin. 

Jackson Scran  ton.  Tate Senatobia. 

Jasper Paulding.  Union New  Albany. 

Jetl'^-son Fayette.  Warren Violcsburg. 

Jones j.EUisville.   W'ashington Greeneville. 

Kemper DcKalb.   Wayne Waynesboro. 

Lafayette. , Oxford.  W^ifkinson Wood ville. 

Lauderdale ]\Ieridian.  AVinston Louisville. 

Lawrence Monticello.   -,-  ,   ,      ,        )  Colleeville. 

r      1                                  T      I         -11       lalobusha.     V  ,..   ,       a-„ii„ 

Leake Leakesville.  j  \V  ater  valley. 

Lee Tu pelo .  Yazoo Yazoo  Cit}- . 

Lincoln  Brookhave n . 


RAILROADS. 


NEW  ORLEANS,  JACKSON  AND  GREAT  NORTHERN 
RAILROAD. 

STATIONS.  MILES.     STATION.  MILES. 

From  New  Orleans  to  From  New  Orleans  to 

Sanve o  Quinn's  Station 102 

Kenncr 10  McComb  City 105 

Ba3'ou  LaBranch 19  Summit 108 

Frenier 24  Johnston's 112^ 

Bayou  DeSair i'9  Bogue  Chitto 118| 

Manchac 37  Brookliaven 129 

•Pouchatoula .  .      48  Montgomery 134 

Hammond ' b2  Wesson 137^ 

Tickfaw  58  Beauregard 139 

Southern  Car  Works. 61  Martinsville 144 

Independence 62  Hazlehurst 149 

Gullett's 67  Gallman 154 

Amite 68  Crystal  Springs 158^ 

Areola 72  Terry    167 

Tangipahoa 78  Byrain  . 174 

Kent's  Mill  and  Union  Land'g     83  Jackson 183 

Osyka 88  Tougaloo 190 

Carter's  Hill 92  INIadison    195 

Chatawa 92^  Calhoun 199 

Magnolia 98  Canton 206 


MISSISSIPPI  CENTRAL  RAILROAD. 

STATIONS.  MILES.    STATIONS.  MILES. 

From  Canton  to  From  Canton  to 

Way's  Bluff 9  Water  Valley 117 

Vaughau's 14  Sprinsdale 122 

Pickens' 20  Taylor's 126 

Goodman 27  Oxford 134 

Kosciusko  Junction 32  Abbeville 144 

Durant 35  Waterford 154 

West 44  Holly  Springs 163 

Yaiden 55  Hudsonville 171 

62  Mile  Siding 62  Lamar 176 

Winona 65  Michigan  City 182 

Duck  Hill 76  Grand^  Junction,  Tenn 188 

Elliott SO  Hickory  Valley 196 

Grenada 88.  Middleburg 200 

Torrance 96  Bolivar 207 

Cofleeville 104  Jackson 235 

Dickson  ftlag  station) Ill  Cairo,  111 342 


Railroads — Distances.  367 

KOSCIUSKO  BRANCH 

OF    Xr:\V    ORLEANS    AND    JACKSON    KAILIJOAD. 
STATIONS.  MILES.    STATIONS.  MILES. 

From  Duraiit  to  From  Diirnntto 

Kosciusko  Juuciiou ;>  Kus>fiiisko 21 

Sallis U 


MISSISSIPPI  AND  TENNESSEE  RAILROAD. 

STATIONS.  MILES.    STATIONS.  MILES. 

From  Grenada  to —  From  Grenada  to — 

Hardy 8  Senatobia 6'3 

Garner 13  Coldwator 6i) 

Oakland 22  Love's 7:J 

Harrison 28  Hernando 78 

Pope's.. 34  Nesbitt's 82 

Courtland 3G  Horn  Lake 88 

Batesville 41  Whitehaven 92 

Sardis ,  50  Mempiiis 100 

Como 5G 


VICKSBURG  AND  MERIDIAN  RAILROAD. 

STATIONS.  MILES.    STATIONS.  MILES. 

From  Vicksburg  to —  From  Vicksburg  to — 

Bovina ^ 10     Forest 90 

Edwards  18     Lake 99 

Bolton 27     Lawrence 105 

Clinton 35     Newton 109 

Jackson 44i  Hickory 116 

Brandon 58^  Chunky 122 

Pelahatchie 70     Gnldeii  Grove 129 

Bolers lU  Meridian 140 

Morton 79 


ALABAMA  CENTRAL  RAILROAD. 

(From  Meridian  to  Selma.) 

STATIONS.  MILES.    STATIONS.  MILFS, 

From  Meridian  to —  From  Meridian  to — 

Russell's 0  Coatopa 40 .V 

Tocmsuba lo  McDowell's ol\ 

Cuba 20  Dcmopolis 57 

York 2()  Uniontown 77 

Bennett's 33  Selma 109 

Lee's 37 


368  Railroads — Distances. 

MOBILE  AND  OHIO  RAILROAD. 

^^TATtO^S.  MILES.    STATIONS.  MILES. 

From  Mobile  to  From  Mobile  to — 

Toulminville S     Sco'oba 176 

Whistler 5     Wahalak 182| 

Kushla 11     Shuqulak 188^ 

Oak  Grove 14^  Macon 198 

Chunchula 18|  Brooks ville 206 

Beaver  Meadow ''lh\  Crawford 211 

Langdon 29     Artesia 219^ 

Citronelle 33     Columbus 233 

Deer  Park 43^  Mayhew 224 

Escatawpa 50J  Tibbee 227 

Brushy  Creek,  (Alabama).  .  .    54^  West  Point 232^ 

StateLine,   (Mississippi)    ...    ()2ii  Muldon 241 

Buckatunna 71     Prairie 24-5^ 

Winchester 77-,^  EgTPt 253^ 

Wovnesboro'.  .  . . 82.V  Okolona 26U 

iW Bluff 93     Shannon 269 

Shubuta 96^  Verona 274^ 

DeSoto 104|  Tupelo 279 

(Quitman 109     Saltillo 287^ 

Enterprise 120     Guntowu 292 

Okatibbee 129|  Baldwyn 297 

Meridian 134f  Booneville 308^ 

Marion 140     Rienzi 316^ 

Lockhart 146|  Corinth 329 

Lauderdale 153|  Jackson,  (Tennessee) 386 

Tamola 158     Humboldt.. 403 

Gainesville  Junction 163^  Union  City 446 

Sucarnochee 168|  Columbus,  (Kentucky) 472 


ABERDEEN  BRANCH— Op  Mobile  and  Ohio  Railroad. 

STATION.  MILES.    STATION.  MILES 

From  ]^.luldon  to—                              From  Muldon  to— 
Sykes.' 4     Aberdeen 9 


COLUMBUS  BRANCH— Of  Mobile  and  Ohio  Railroad. 

STATION.  MILES.    STATION.  MILES. 

From  Artesia  to —                               From  Artesia  to — 
Cobb's 5:V  Columbus 8 


STARK  VILLE  BRANCH— Of  Mobile  and  Ohio  Railroad. 

STATION.  MILES.    STATION.  MILES. 

From  Artesia  to —                               From  Artesia  to — 
Sossums Starkville 


Railroads — Distances.  'j<j^^ 

NEW  ORLEANS  AND  MOBILE  RAILROAD. 

STATIONS.  MILES.    STATIONS.  MILES. 

From  New  Orleans  to—  From  New  Orleans  to— 

Gentilly ^^     Scott 63^ 

Lee 0     Barnes  Hotel  Station 701 

IMicheud 13     Mississippi  City 71 

Chef  Menteur 20     Beauvior 75 

Lake  Catherine 26     Biloxi SO 

Rigolets 31     Ocean  Springs 84 

Look  Out 30     Belle  Fontaine 90 

Grand  Plain 41     West  Pascagoula 07 

Toiilme 45     East  Pascagoula 100 

Montgomery 48^-  Murray 107^ 

Nicholson  .\ 50     Grand  Bay llo^ 

Bay  St.  Louis 52     Saint  Elmo 121 

West  Pass  Christian 5G^  Fowl  River 127 

Pass  Christian 58     Webb's  Landing 132 

East  Pass  Christian 59^  Mobile 141 


MEMPHIS  AND  CHARLESTON  RAILROAD. 

STATIONS.  MILES.    STATIONS.  MILES. 

From  Memphis  to—  From  Memphis  to— 

Buutyns 5.5  Pocahontas 74 . 3 

White's 9       Big  Hill 78.5 

Germantown 14.5  Chewalla 83.7 

Bailey 20. 3  Corinth 93 

CoUierville 23 . 8  Glendale 101 

Lafavette 30.9  Burnsville 107.7 

Moscow 39       luka 115 . 2 

Fortv-live  mile  siding 45.2  Tuscumbia 145.4 

LaGrange 48 . 9  Decatur 188 . 4 

Grand  Junction 52       Huntsville 212.8 

Saulsbury 57.2  Stevenson 271.8 

Sixt3'--four  mile  siding 64.1  Chattanooga 310 

Middleton 69.1 


NATCHEZ,  JACKSON  AND  COLUMBUS  RAILROAD. 

STATIONS.  MILES.    STATIONS.  MILES. 

From  Natchez  to  From  Natchez  to 

Foster's 6  Buie's 4 

Brandon's 4  Stampley's 4 

Greenwood  Church 3  Fayette 5 

From  Natchez  to  Fayette,  26  miles."    From  Natchez  to  Jackson, 
by  projected  route,  96  miles. 

WEST  FELICIANA  RAILROAD. 

Woodville  to  Bavou  Sara 28  miles. 

24 


370  Mississippi  River — Distances. 

GRAND  GULF  AND  PORT  GIBSON  RAILROAD. 
Port  Gibson  to  Grand  Gulf 7  miles. 


RIPLEY,   KENTUCKY  AND  SHIP  ISLAND  RAILROAD. 

From  Middletown,  Teun.  (on  Memphis  and  Charleston  Rail- 
road), to  Ripley , —  miles. 


MISSISSIPPI  RIVER. 


DISTANCES   FROM   VICKSBURG   NORTH. 
LANDING.  MILES. 

To  Y^oung's  Point,  La 10 

Millikeu's  Bend,  La 21 

Tallulah,  Miss 46 

Lake  Providence,  La 57 

Mayersville,  Miss 64 

Duucansby,  Miss 68 

Carolina,  Miss , 79 

Leota,  Miss 82 

Egg's  Point,  Miss.   94 

Greenville Ill 

Bolivar,  Miss 16^ 

Prentiss,  Miss ...  182 

Napoleon,  Ark 184 

riorey ville,  Miss 192 

Carson's,  Miss 217 

Helena,  Ark 322 

Austin,  Miss 339 

Memphis 404 

Cairo 677 

St.  Louis 877 

FROM   VICKSBURG    SOUTH. 
LANDING.  MILES, 

Delta 4 

Davis'  Bend 25 

Grand  Gulf 40 

St.  Joseph 55 

Rodney 60 

AVaterproof 70 

Natchez 100 

New  Orleans 400 


How  to  Calculate  Interest.  371 

HOW  TO  CALCULATE  INTEREST. 


Fur  Ihulinglhe  intcresL  on  any  principal  for  any  ninnber  of  days, 
the  answer  in  each  case  being  in  cents,  separate  the  two  right  hand 
ligures  to  express  it  in  dollars  and  cents. 

Four  per  cent :  Multiply  the  principal  by  the  number  of  days  to 
run;  separate  the  right  hand  llgure  from  product  and  divide  by  9. 

Five 2^cr  cent:  Multiply  b}^  number  of  days,  and  divide  b}^  72. 

Six  ])er  cent :  Multii)ly  by  number  of  days,  and  divide  by  G. 

Fif/ht  per  cent :  Multiply  by  number  of  days,  and   divide  by  45. 

Xineper  cent:  Multiply  bv  number  of  days,  separate  right  hand 
ligure,  and  divide  by  4. 

2'en  2)er  cent :  IMultiply  l)y  number  of  days  and  divide  l)y  36. 

Twelve  2Jer  cent:  Multiply  by  number  of  days,  separate  right  hand 
figure,  and  divide  b}'  3. 

Fifteen 2i(ir  cent:  Multiply  by  number  of  days,  and  divide  by  24. 

Eiijliteen  2^Gr  cent :  Multiply  by  number  of  days,  sei)aratc  right 
hand  ligure,  and  divide  liy  2. 

Twenty  per  cent:  jMultii)ly  by  number  of  da}"?,  and  divide  by  LS. 

SECOND    METHOD. 

Multiply  the  principal  by  the  number  of  daj's,  and  divide  the 
product,  if  for  5  per  cent.,  by  7200;  if  for  6  per  cent.,  by  6000;  if 
for  7  per  cent.,  by  5143;  if  for  8  per  cent.,  by  4,500;  if  for  9  i)er 
cent,  by  4000;  if  for  10  per  cent,  by  3600. 

Example. — What  is  the  interest  on  $120  for  20  days,  at  10  per 
cent? 

120  00    dollars. 
Multiply  by  20     days. 

Divided  by    3600)24000(66.6  cents  interest. 

THIRD    METHOD. 

Multiply  the  sum  by  the  number  of  days,  and  divide  the  product 
b}'  60  ;  the  quotient  will  be  the  interest  in  cents. 

Example. — What  is  the  interest  of  S330  for  16  daj-s,  at  6  per 
cent.  ? 

330     dollars. 
Multiplied  by       16     the  number  of  days. 


1980 
330 


Divided  bv     00)5280(88  cents  interest. 
480 

480 
480 


372  Weights  and  Measures. 

TO  CALCULATE   INTEREST    FOR    ANY   NUMBER  OF   MONTHS. 

Multiply  the  sum   by   half  the   number  of  months;  the   amount 
will  be  the  interest  in  cents. 

Example. — What  is  the  interest  of  $498  for  6  months,  at  6  per- 
cent.? 

498     dollars. 

3     half  the  number  of  months. 


1494     cents,  or  $14  94. 


VABICUS  WSIG-HTS  AND  MEASURES- (GROSS  WEIGHT.) 


A  ton  of  coal  is  2000  pounds. 

A  legal  stone  weighs  14  pounds,  or  the  eighth  of  a  hundred,  in 
England,  and  17  pounds,  in  Holland. 

A  ton  of  round  timber  is  40  feet;  of  squared  timber,  45  cubic  feet. 

A  commercial  bale  of  cotton  is  400  pounds. 

A  pack  of  wool  is  240  pounds. 

A  barrel  of  flour  weighs  220  pounds,  gross. 

A  barrel  of  pork  weighs  350  pounds,  gross. 

A  tierce  of  rice  weighs  600  pounds,  gross. 

A  ferkin  of  butter  weighs  56  pounds,  gross. 

A  barrel  of  molasses  weighs  500  pounds,  gross. 

A  barrel  of  liquor  weighs  400  pounds,  gross. 

281  cubic  inches  is  one  gallon,  in  liquid  measure. 

268  4-5  cubic  inches  is  one  gallon  in  dry  measure. 

2150  2-5  cubic  inches  is  one  bushel  in  dry  measure. 

A  circular  measure,  18^  inches  in  diameter,  and  8  inches  deep,, 
contains  one  bushel,  dry  measure. 

A  box  16  X  16^  inches,  8  inches  deep,  contains  one  bushel. 

A  box  8X8^  inches,  8  inches  deep,  contains  one  peck. 

A  box  4  X  4"'inches,  4|  inches  deep,  contains  one  half  peck. 

A  box  4X4  inches,  4"  2-10  inches  deep,  contains  one  quart. 

The  standard  bushel  of  the  United  States  contains  2150.4  cubic 
inches.  The  Imperial  bushel  is  about  68  cubic  inches.  Any  box 
or  measure,  the  contents  of  which  are  equal  to  2150.4  cubic  inches, 
will  hold  a  bushel  of  grain.  In  measuring  fruit,  vegetables,  coal, 
and  other»substances,  one-fifth  must  be  added.  In  other  words,  a 
peck  measure  five  times  even  full,  makes  one  bushel.  The  usual 
practice  is  to  "heap  the  measure." 

Number  of  Nails  to  the  j^otind. — Four-penny,  256;  six-pennj',  164; 
eight-penny,  94 ;  ten-penny,  64  ;  twelve-penny,  50. 

Glass  in  a  Box.— 10  by  8,  90  panes  ;  10  by  14,  51  panes ;  10  by 
12,  60  panes;  12  by  14,  43  panes  ;  12  by  16,  37  panes. 


Distances,  Etc.  373 

DISTANCES,  ETC. 

An  Irish  mile  is 9240  yards. 

Scotch  mile  is 1984  yards. 

English  or  statute  mile  is  5280  feet 17G0  yards. 

German  mile  is 1806  yards. 

Turkish  mile  is 1826  yards. 

An  acre  is  4840  square  yards,  or  69  yards  1  I'oot  8.V  inches  each 
way.     A  square  mile,  1760  yards  each  wa}',  contains  640  acres. 

A  section  of  Government  land  is  640  acres  (1  mile). 

A  fathom  is  six  feet ;  derived  from  the  height  of  a  full  grown 
man. 

A  league  is  3  miles;  a  cubit,  2  feet;  a  great  cubit,  11  feet;  a  palm, 
3  inches;  a  span,  10§  inches;  a  pace,  3  feet;  a  hancf,  in  horse  meas- 
ure, is  four  inches;  144  square  inches,  one  square  foot;  9  square 
feet,  one  square  3'ard  ;  oQ\  square  yards,  one  square  rod  ;  40  square 
rods,  one  square  rood  ;  4  square  roods,  one  square  acre;  640  square 
acres,  one  square  mile. 

To  lay  off  a  square  acre  of  ground. — Pleasure  209  feet  on  each 
side,  and  you  will  have  a  square  acre,  within  an  inch. 

liule  for  measuring  corn. — Reduce  the  length,  width  and  height 
to  inches  ;  multiply  these  amounts  together,  and  divide  this  sum 
by  6171,  and  it  will  give,  within  a  fraction,  the  exact  number  of 
shelled  bushels  of  corn  in  the  crib. 


WEIGHT  OF  GRAIN  AND  PRODUCE,  PER  BUSHEL. 


ARTICLES. 


POUNDS.    ARTICLES. 


POUNDS 


Wheat 60 

Rye 56 

Corn,  shelled 56 

Corn,  in  the  ear 72 

Oats 32 

Barley 48 

Beans 62 

Beans  (Castor) 46 

Bran... 24 

Buckwheat 52 

Corn  Meal 44 

Dried  Apples 24 

Stone  Coal 80 

Plastering  Hair 7 

Barley  Malt 34 

Onions 57 


Dried  Peaches 33 

Irish  Potatoes... 60 

Sweet  Potatoes 60 

Peas  (split) 60 

Turnips 55 

Blue  Grass  Seed 10 

Clover  Seed 60 

Flax  Seed 56 

Hemp  Seed 44 

Timothy  Seed 45 

Coarse  Salt 50 

Fine  Salt 50 

Small  Hominy 50 

Pindars,  or  Goobers 24 

Unslacked  Lime,  3  bushels  to  bbl. 


374  Postal  Rates. 

NUMBER  OF  TREES    OR    PLANTS    SUFFICIENT  TO  PLANT  AN  ACRE,   AT    VA- 
RIOUS   DISTANCES  APART. 

1  l)v  1 43,560  12  by  12 302 

2  bv  2 10,890  13  by  13 257 

3  by  3 4,840  14  by  14 222 

4  by  4 2,722  15  by  15 183 

5  by  5 ,  ],742  16byl6 170 

6  by  6 1,210  17  by  17 150 

7  by  7 888' 18  by  IS 134 

8  by  8 688  19  by  19 120 

9  by  9 537  20  by  20 108 

10  by  10 435  25  by  25 69 

Jlbyll 360  30  by  30 18 

DISTANCES    FOR  PLANTING. 

Standard  Apples 30  feet  apart.  Plums    and    Necta- 

Standard  Pears. 20     "         "  rines 15  feet  apart. 

Dwarf  Apples    and  Blackberries 5     "  " 

Pears 8     "         "     ^Strawberries 1  by  1^  feet. 

Peaches 15     "         "     j 


Rates  of  Postage  on   Domestic  Mail  Matter. 


The  weight  of  any  package  sent  by  mail  must  not  exceed  four 
pounds. 

Letters  from  one  ofKce  to  another  in  the  States  or  Territories,  3  cents 
if  not  exceeding  i  oz.;  6  cents  if  exceeding  ^  oz.  but  not  exceeding  1 
oz.,  and  so  on,  charging  an  additional  3  cents  for  every  additional  half 
ounce  or  fraction  of  half  an  ounce. 

At  the  Post  Office  where  letters  brought  by  steamboats  not  employed 
in  carrying  the  mail,  double  rates  will  be  charged,  collected  at  the  of- 
fice of  delivery,  that  is,  six  cents  for  single  weight  if  mailed,  and  4 
cents  for  single  weight  if  delivered  at  the  office.  If  such  letter  has 
been  prepaid  by  U.  S.  stamps  at  such  double  rates  of  postage,  no  extra 
charge  will  be  made;  if  only  partly  prepaid  by  stamps,  the  balance 
will  be  collected  on  delivery. 

RATES   OF   POSTAGE   ON    FIRST   CLASS   MATTER. 

On  letters,  sealed  packages,  mail  matter  wholly  or  partly  in  writing, 
except  book  manuscript  and  corrected  proofs  passing  between  authors 
and  publishers,  and  except  local  or  drop  letters  or  postal  cards  ;  all 
printed  matter  that  conveys  information,  outside  of  original  print ;  all 
matter  chargeable  with  letter  postage,  but  which  is  so  wrapped  that  it 
cannot  be  examined  by  postmasters  without  destroying  the  wrapper  or 
envelope  ;  all  packages  containing  matter  not  chargeable  with  letter 


Postal  Rates.  375 

postage,  but  in  wliicli  is  inclosed  or  concealed  any  letter,  nieinorandum 
or  other  thing  chargeable  with  letter  jiostage,  or  upon  which  is  any 
Avriting  or  memorandum;  all  matter  to  which  no  specific  rate  oi  postage 
is  assigned,  and  manuscript  for  ])ublication  in  newspapers,  &c.,  3  cents 
for  each  h  oz.  or  fraction  thereof.  On  local  or  drop  letters,  at  offices 
where  free  delivery  by  carriers  is  not  established,  1  cent  for  each  h  oz. 
or  fraction  thereof. 

RATES  OP  POSTAGE  ON  SECOND  CLASS  MATTER. 

All  newspapers,  magazines  and  periodicals,  exclusively  in  print,  and 
regularly  issued  from  a  well-known  office  of  publication,  and  addressed 
to  regular  subscribers,  without  addition  of  any  mark,  sign  or  writing. 
A  regular  subscriber  is  one  who  has  paid  for  a  })ublicatiou,  or  for  whom 
such  payment  has  been  made  or  undertaken  to  be  made  by  some  other 
person.  Single  rates :  On  newspapers,  one  cent  each;  on  periodicals, 
not  exceeding  2  oz.,  2  cents  each  ;  on  circulars,  unsealed,  1  cent  each. 

RATES    OF   POSTAGE    ON    THIRD    CLASS    MATTER. 

The  third  class  embraces  all  circulars,  pamphlets,  occasional  publica- 
tions, books,  book  manuscript  and  proof  sheets,  whether  corrected  or 
not,  maps,  prints,  engravings,  blanks,  flexible  patterns,  samples  and 
sample  cards,  photographic  paper,  letter  envelopes,  postal  envelopes  or 
wrappers,  cards,  paper,  (fee,  1  cent  for  each  2  oz.  or  fraction  thereof. 
Plain  or  ornamental  i^hotographic  representations  of  different  types, 
seeds,  cuttings,  bulbs,  roots  and  scions,  1  cent  each  ounce. 

ARTICLES  THAT    ARE   UNMAILABLE. 

Packages  containing  liquids,  poisons,  glass,  explosive  chemicals,  live 
animals,  sharp  pointed  instruments,  sugar,  or  any  matter  liable  to  de- 
face or  destroy  the  contents  of  the  mail,  or  injure  the  person  of  any 
one  connected  with  the  service ;  all  letters  upon  the  envelope  of  which, 
or  postal  card  upon  which  obscene,  scurrilous,  or  abusive  epithets  have 
been  written  or  printed,  or  lottery  circulars,  gift  concerts,  or  schemes 
to  deceive  the  public;  also,  all  lewd  pamphlets,  books,  pictures,  &c., 
are  unmailable. 


DICTIONARY  OF  LEGAL  TERMS. 


Compiled  and   Condensed  from  Webster's   Unabridged,    and   Bouvier's  Law 
Dictionary.    By  the  Publishers. 


Ab  Initio — From  the  beginning  ;  entirely  ;  as  to  all  the  acts  done;  in 
the  inception. 

Ad  Dammira — In  pleading,  the  technical  name  of  that  part  of  the  writ 
which  contains  a  statement  of  the  amount  of  the  plaintiff's  in- 
jury. 

Ad  interim — In  the  meantime. 

Ad  Litem — For  the  suit. 

Ad  Quod  Damnum— A  writ  directed  to  Sheriff,  commanding  him  to 
enquire,  by  a  jury,  what  damage  it  will  be  to  grant  a  highway,  etc. 

Ad  Valorem — According  to  the  valuation. 

Affidavit — A  statement  or  declaration  reduced  to  writing,  and  sworn  or 
affirmed  to  before  some  officer  who  has  authority  to  administer  an 
oath. 

Affirmance — The  confirmation  of  a  voidable  act  by  the  party  acting, 
who  is  to  be  bound  thereby. 

Jlias — Before  ;  at  another  time.  An  ailas  writ  is  a  writ  issued  where 
one  of  the  same  kind  has  been  issued  before,  in  the  same  cause. 

jllll)i — Presence  in  another  place  than  that  described. 

Alimony — The  allowance  which  a  husband,  by  order  of  Court,  pays  to 
his  wife,  living  separate  from  him,  for  her  maintenance. 

Amende  honorable — Satisfactory  apology  ;  reparation. 

Amercement  —A  pecuniary  penalty  imposed  upon  an  offender,  by  a  ju- 
dicial tribunal. 

Ancillary — Auxiliary  ;  subordinate. 

Animus — The  intention  with  which  an  act  is  done. 

Appearance — A  coming  into  Court  as  a  party  to  a  suit,  whether  as 
plaintiff  or  defendant.  The  formal  proceeding  by  which  a  defend- 
ant submits  himself  to  the  jurisdiction  of  the  Court. 

Arson — The  malicious  burning  of  the  house  of  another. 

Assumpsit — A  promise  or  understanding  founded  on  a  consideration — 
oral,  in  writing,  express,  or  implied.  An  action  to  recover  dama- 
ges for  a  breach  of  such  promise  or  undertaking. 

Attachment— "The  writ  commanding  seizure  by  virtue  of  a  legal  process. 

Avermerd — A  positive  statement  of  facts,  as  opposed  to  an  argumen- 
tative or  inferential  one. 


Dictiojianj  of  Legal  Terms.  -^^^ 

Bar,  to  actions— A  perpetinil  destruction  of  tlie  action  of  the  i)laintitT. 
Bench  Warrant — A  process  issued  by  a  Court  against  a  person  guilty 

of  some  contempt,  or  indicted  for  some  crime. 
Bequest— A.  cift,  by  will,  of  personal  property. 

But  of  Exceptions— K  written  statement  of  olijections  to  the  decision 
of  the  Court,  upon  a  point  of  law,  made  by  a  party  to  the  cause, 
and  properly  certified   by  the  Judge  or  Court   who   made  the  de- 
cision. 
Bond — An  obligation  in  writing,  and  under  seal. 
Bonus — A  premium  paid  to  a  grantor  or  vendor. 

Briberij — The  receiving  or  ofiering  any  undue  reward  by  or  to  any  per- 
son whomsoever,  whose  ordinary  profession  or  business  relates  to 
the  administration  of  public  justice,  in  order  to  influence  his  be- 
havior in  ofKce,  and  to  incline  him  to  act  contrary  to  his  duty,  and 
to  the  known  rules  of  Iionesty  and  integrity. 
Capias — A  writ  to  arrest  the  person  named  therein. 
Capias  ad  res2:>onduni — A  writ  for  taking  and  .keeping   the  defendant 

to  answer  the  plaintiff  in  action. 
Capiasadfaciendum— A  writ  iov  the   taking  and  keeping_  the  party 
named  until  he  gives  satisfaction  to  the  party  by  whom  it  is  issued. 
Cainas  propie — A  writ  which  issued  against  a  defendant  who  had  been 

fined,  and  did  not  discharge  the  fine  according  to  tlie  judgment. 
Cajiitation — A  poll  tax. 
Caption — The  heading  of  a  legal  instrument,  in  which  is  shown  when, 

where,  and  by  what  authority  it  was  taken,  found,  or  executed. 
Carte  i'/anc/^e— Signatures  in  blank,   with  authority  to  fill  up,  by  the 

very  person  authorized. 
Casus  Fortuitus — An  inevitable  accident;   a  loss  happening  in  spite  of 

all  human  effort  and  sagacity. 
Caveat — A  notice  not  to  do  an  act,  given  to  some  ollicer,  ministerial  or 

judicial,  by  a  party  having  an  interest  in  the  matter. 
Certiorari — A  writ  to  call  up  the  records  of  an  inferior  court,  or  re- 
move a  cause  there  depending,   in  order  that  the  party  may  have 
more  sure  and  speedy  justice,  or  that  errors  and  irregularities  may 
be  corrected.     It  is 'obtained  upon  complaint  of  a  party  that  lie 
has  not  received  justic?,  or  that  he  cannot  have  an  impartial  trial 
in  tlie  inferior  court. 
Cestui  que  Trust — He  for  whose  benefit  another  person  is  seized   of 
lands  or  tenements,  or  is  possessed  of  personal  property,     lie  who 
has  a  right  to  a  beneficial  interest  in  and  out  of  an  estate  the  legal 
title  to  which  is  vested  in  another. 
Chattel  Mort(jage — A  mortgage  of  personal  property. 
Chose  in  action — A  right  to  receive  or  recover  a  debt,   or  money,   or 
damages  for  breach  of  contract,  or  for  a  tort  connected  with  con- 
tract, but  which  cannot  be  enforced  without  action. 
Citation — A  writ  by  which  a  person  is  summoned  or  cited. 
Cognizance — Acknowledgment;     recognition;    jurisdiction;    judicial 

power;   hearing  a  matter  judicially. 
Commutation — The  change  of  a  punishment  to  which   a  person  has 
been  condemned  with  a  less  severe  one. 


378  Dictionary  of  Legal  Terms. 

Compound  J/i^e>-esi— Interest  upon  interest — when  a  sum  of  money 
due  for  interest  is  added  to  the  principal,  and  then  bears  interest. 

Compounding  a  Felony— The  act  of  a  party  immediately  aggrieved, 
who  ao-rees  with  a  thief  or  other  felon  that  he  will  not  prosecute 
him,  mi  condition  that  he  return  to  him  the  goods  stolen,  or  who 
takes  a  reward  not  to  prosecute. 

Hontra  honos  mores — Against  sound  morals. 

Contumacy— T\\Q  refusal  or  neglect  of  a  party  accused  to  appear  or 
answer  to  a  charge  preferred  against  him  in  a  court  of  justice. 

Copyri(iht—T\\Q  exclusive  privilege,  secured  according  to  certain  legal 
forms,  of  printing,  publishing,  and  vending  copies  of  writings  and 
drawings. 

Corpus  Delicti — The  body  of  the  oftense,   the  essence  of  the  crime. 

Coverture— T\\Q  condition  or  state  of  a  married  woman.  During  cov- 
erture the  civil  existence  of  the  wife  is,  for  many  purposes,  merged 
in  that  of  her  husband. 

Crim.  Con.— An  abbreviation  for  criminal  conversation,  denoting 
adultery;  unlawful  sexual  intercourse  with  a  married  woman. 

Bays  of  Grace — Certain  days  allowed  to  the  acceptor  of  a  bill  or  the 
maker  of  a  note  in  which  to  make  paymei^,  in  addition  to  the 
time  contracted  for  by  the  bill  or  note  itself. 

De  bene  esse — Formally  ;  conditionally  ;  provisionally.  The  exami- 
nation of  a  witness  de  bene  esse  takes  place  where  there  is  danger 
of  losing  the  testimony  of  an  important  witness  from  death  by 
reason  of  age  or  dangerous  illness,  or  where  he  is  the  only  witness 
•to  an  important  fact. 

i^e/ac to— Actually;  in  fact;  in  deed.  An  officer  de  facto  is  one 
who  performs  the  duties  of  an  office  with  apparent  right,  and 
under  claim  and  color  ot  an  appointment,  but  without  being  actu- 
ally qualified  in  law  so  to  act. 

Z>eiMre— Rightfully;  of  right ;  lawfully;   by  legal  title. 

Demurrer— A  stop  or  pause  by  a  party  to  an  action  for  the  judgment 
of  the  court  on  the  question,  whether,  assuming  the  truth  of  the 
matter  alleged  by  the  opposite  party,  it  is  sufficient  in  law  to  sustain 
the  action  or  defense,  and  hence  whether  the  party  resting  is 
bound  to  answer  or  proceed  further. 

De  Hovo—Auevf ;  afresh.  When  a  judgment  upon  an  issue  in  part  is 
reversed  on  error  for  some  mistake  made  by  the  court  in  the  course 
of  the  trial,  a  venire  de  novo  is  awarded,  in  order  that  the  case 
may  again  be  submitted  to  the  jury. 

Debit— ThQ  left-hand  page  of  ledger,  to  which  are  carried  all  the  arti- 
cles supplied   or  paid  on  the  subject  of  an  account,  or  that  are 
charged  to  that  account;  also  the  balance  of  an  account. 
Default— The  non-performance  of  a  duty,  whether  aris^ing  under  a 

contract  or  otherwise. 
Defeasance— An  instrument  which  defeats  the  force  or  operation  of  some 
other  deed  or  estate.     That  which  is  in  the  same  deed  is  a  condi- 
tion; and  that  which  is  in  another  deed  is  a  defeasance. 
Defunct — A  deceased  person. 
Demise — A  conveyance,  either  in  fee  for  life  or  for  years. 


Dictionary  of  Legal  Terms.  379 

Deponent— OuQ  who  gives  information,  oa  oath  or  allirniation,  respect- 
ing some  facts  known  to  him,  before  a  magistrate  ;  he  who  makes 
a  deposition.  .  .        . 

Deposition— n\Q  testimony  of  a  witness  reduced  to  writing,  hi  due 
form  of  hiw,  by  virtue  of  a  commission  cr  other  authority  of  a 
competent  tribunal,  to  be  used  on  the  trial  of  some  question  ot 
fact  in  a  court  of  justice. 
j)ciinue—A  form  of  action  wliich  lies  for  the  recovery,  m  specie,  ot 
personal  chattels  from  any  one  who  acquired  possession  of  them 
lawfully,  but  retains  it  without  right,  together  with  damages  for 
the  detention. — Blackstone.  .   . 

Devastavit— A  mismanagement  and  waste  by  an  executor,  administra- 
tor or  other  trustee,  of  the  estate  and   effects  trusted  to  him  as 
such,  by  which  a  loss  occurs. 
Devise— A  gift  of  real  property  by  a  person's  last  will  and   testament. 
Dictum— Aw  opinion  expressed  by  a  court,  but  which,  not  being  neces- 
sarily involved  in  the  case,  lacks  the  force  of  an  a<ljudication. 
Dilatorti  Plea— One  which  goes  to  defeat  the  particular  action  brought 
merely,  but  which  does  not  answer  as  to  the  general  right  of  the 
plaintiff.  .  . , 

Disafrmance—The  act  by  which  a  person  who  has  entered  into  a  void- 
able contract,  as,  for  example,  au  infant,  disagrees  to  such  contract 
and  declares  he  will  not  abide  by  it. 
Distrain-To  take  as  pledge  property  of  another,  and  keep  the  same 
until  he  performs  his  obligation,  or  until  the  property  is  replevied. 
Distress— Tho  taking  of  a  personal  chattel  out  of  the  possession  of  a 
wrong-doer  into  the  custody  of  the  party  injured,  to  procure  satis- 
tion  for  the  wrong  done— Blackstone.     It  is  generally  resorteti  to 
for  the  purpose  of  enforcing  the  payment  of  rent,  taxes,  or  other 
duties,  as  well  as  to  exact  compensation  for  such  damages  as  result 
from  the  trespasses  of  cattle. 
Distrin(/as—A  writ  directed  to  the  sherifi,  commanding  him  to  distrain 
a  person  of  his  goods  and  chattels   to  enforce  a  compliance  with 
what  is  required  of  him. 
Do7nicil— That  place  where  a  man  has  his  true,  fixed  and  permanent 
home  and  principal  establishment,  and   to  which  whenever  he  is 
absent  he  has  the  intention  of  returning. 
Doii'er-The  provision  which   the  law  makes  for  a  widow  out  of  the 
lands  or  tenements  of  her  husband,  for  her  support  and  the  nur- 
ture of  her  children. 
Duress— Fers,ona.\  restraint,  or  fear  of  personal  injury  or  imprisonment. 
Easement— A  right  in   the  owner  of  one  parcel  of  land,  by  reason  ot 
such   ownership,  to  use  the  land  of  another  for  a  special  purpose, 
not  inconsistent  with  a  general  property  in  the  owner. 
Ejectment— A  form  of  action  which  lies  to  regain  the  possession  of  real 

property,  with  damages  for  the  inlawful  detention. 
Entail— To  restrict  the  inheritance  of  lands   to  a   particular  class  ot 

issue. 
Escheat— An  accidental  reverting  of  lands  to  the  original  lord. 
Est02>pel— The  preclusion  of  a  person  from  asserting  a  fact  by  previous 


380  Dictionary  of  Legal  Terms. 

conduct  inconsistent  therewith,  or  on  his  own  part  or  of  those 
under  whom  he  chiims,  or  by  an  adjudication  upon  his  rights,  which 
he  cannot  be  allowed  to  call  in  question. 

Ex  Cathedra — From  the  Bench,  with  high  authority. 

Ex  Delicto — Actions  which  arise  in  consequence  of  a  crime,  misde- 
meanor, fault,  or  tort,  are  said  to  arise  ex  delicto  :  such  are  actions 
of  case,  replevin,  trespass,  trover. 

Ex  necessitate  rei — From  the  necessity  of  the  thing. 

Execution — A  writ  by  which  an  officer  is  empowered  to  carry  a  judg- 
ment into  effect  ;  final  process. 

Ex-officio — By  virtue  of  his  office. 

Ex  parte — Of  the  one  part.  Many  things  may  be  done  ex  ]iarte,  wheu 
the  opposite  party  has  had  notice.  An  affidavit  or  deposition  is 
said  to  be  taken  ex  parte  where  only  one  of  tlie  parties  attends  to 
taking  the  same. 

Ex  liost  facto — After  the  act. 

Fee  simple — An  estate  of  inheritance. 

Felo  de  se — A  felon  of  himself  ;  a  self-murderer.  To  be  guilty  of  this 
offense,  the  deceased  must  have  had  the  will  and  intention  of  com- 
mitting it,  or  else  he  committed  no  crime. 

Eem7Jie  Covert — A  married  woman. 

Eiat — A  short  order  or  warrant,  commanding  that  something  shall 
be  done. 

Fiduciary — In  trust,  in  confidence. 

Fieri  facias — A  writ  directing  the  Sheriff  to  cause  to  be  made  of  the 
goods  and  chattels'  of  the  judgment  debtor,  the  sum  or  debt  re- 
covered. 

Fiscal — Belonging  to  the  fisc,  or  public  treasury. 

Foeticide — The  act  by  which  criminal  abortion  is  produced.    , 

Functus  officio — Something  which  once  has  had  life  and  power,  but 
which  has  become  of  no  virtue  whatsoever.  When  an  agent  has 
completed  the  business  with  which  he  was  entrusted,  his  agency 
becomes  functus  officio. 

Garnisliment — Warning  to  a  person  in  whose  hands  the  effects  of  an- 
other are  attached,  not  to  pay  the  money  or  deliver  the  goods,  but 
to  appear  in  Court  and  give  information  as  garnishee. 

General  issue — In  pleading,  a  plea  which  denies  or  traverses,  at  once, 
the  whole  indictment  f.r  declaration,  without  offering  ?.ny  special 
matter  to  evade  it. 

Guardian  ad  litem — A   guardian  appointed  for  the  purposes  of  a  suit. 

Habeas  cor2ms — A  writ  to  bring  into  Court  a  party  alleged  to  be  un- 
lawfully imprisoned,  with  a  view,  by  inquiry,  to  protect  the  right 
to  personal  liberty. 

Habere  facias  possessiojteni — A  writ  of  execution  in  the  action  of  eject- 
ment. ^ 

Ibidem — The  same.     The  same  book  or  place.     The  same  subject. 

Ides — A  day  in  the  month  from  which  the  computation  of  days  was 
made. 

Impanel — To  draw  jurors  for  trial  of  a  cause. 

Implead — To  sue  or  prosecute  by  due  course  of  law. 


Dictioncuij  of  Legal  Terms.  381 

Imprxmii — In  the  first  place  ;  commonly  used  to  denote  the  first  clause 
in  an  instrument,  especially  in  wills,  item  being  used  to  denote 
the  subsequent  clauses. 

Indemnity — Security  to  save  harmless  ;  exemption  from  loss  or  dam- 
age, past  or  to  come. 

In2'>'>'opyicL  'persona — In  his  own  person  ;  himself:  as,  the  defendant 
appeared  in  i^ropria  i^ersona  ;  the  plaintiff  argued  the  case  in 
'propria  persona. 

In  rem — A  technical  term  used  to  designate  proceedings  or  actions  in- 
stituted ar/ai)ist  the  thing,  in  contradistinction  to  personal  actions, 
which  are  sgid  to  be  in  personam. 

In  statu  quo — In  the  same  situation  as;  in  the  same  condition  as. 

Injunction — A  prohibitory  writ. 

Inquest — A  body  of  men  appointed  by  law,  to  inquire  into  certain  mat- 
ters. 

Interim — In  the  meantime. 

Interlocutor II — Something  which  is  done  between  the  commencement 
and  the  end  of  a  suit  or  action,  which  decides  some  point  or  mat- 
ter, which,  however,  is  not  a  final  decision  of  the  matter  in  issue, 
as,  interlocuthry  judgments,  or  decrees,  or  orders. 

Ipso  facto — By  the  fact  itself;  by  the  mere  fact. 

Judgment  nisi — A  judgment  entered  on  the  return  of  the  nisi  prius 
record  with  the  postea  indorsed,  w'hich  Avill  become  absolute, 
according  to  the  terms  of  the  "postea,"'  unless  the  Court,  out 
of  which  the  nisi  prius  record  proceeded,  shall,  within  the  first 
four  days  of  the  following  term,  otherwise  order. 

Laches — Negligence, 

Lex — The  law. 

Lex  Loci — The  law  of  the  place. 

Lex  Talionis — The  law  of  retaliation. 

Ilalajides — Bad  faith  ;  opposed  to  bona  fides,  good  faith. 

3Iandamus — A  high  prerogative  writ,  usually  issued  out  of  the 
highest  court  of  general  jurisdiction  in  a  State,  in  the  name  of 
the  sovereignty,  directed  "to  any  corporation,  public  officer,  or 
inferior  court,"  requiring  them  to  do  some  particular  thing 
therein  specified,  and  which  appertains  to  their  office  or  duty. 

Mater  farnilias — The  mother  of  a  family  ;  tlie  mistress  of  a  family; 
a  chaste  woman,  married  or  single. 

Mayhem — The  act  of  unlawfully  and  violently  depriving  another  of 
the  use  of  such  of  his  members  as  may  render  him  less  able, 
in  fighting  either  to  defend  himself  or  annoy  his  adversary. 

Mesne  jrrofits — The  value  of  the  premises  recovered  in  ejectment, 
during  the  time  that  the  lessor  of  the  plaintiff  has  been  illegally 
kept  out  of  the  possession  of  his  estate,  by  the  defendant. 

Mittimus,  (we  send) — A  writ  to  send  an  offender  to  prison. 

Monition — A  process  in  the  nature  of  a  summons. 

Mulct — A  fine  imposed  on  the  conviction  of  an  offense. 

Mutatis  mutandis — The  necessary  changes.  A  phrase  of  frequent 
practical  occurrence,  meaning  that  matters  or  things  are  gener- 
ally the  same,  but  to  be  altered  when  necessary,  as  to  names, 
offices,  and  the  like. 


382  Dictionary  of  Legal  Terms. 

Ifisi — Shall  take  effect  at  a  given  time,  unless  before  that  time  the 
order  or  judgment  is  modified,  or  something  else  is  done  to 
prevent  its  taking  effect.  Continuance  nisi  is  a  conventional 
continuance  of  the  case  till  next  term  of  the  Court,  unless  other- 
wise disposed  of  in  the  meantime. 

jSfoUe  prosequi — That  plaintitf  discontinues  his  suit,  or  attorney  for 
the  public  a  prosecution, 

Non  assu7n2)sit — The  plea  of  a  defendant  in  an  action  of  assumpsit 
that  "he  did  not  undertake  and  promise,  etc." 

J^on  compiis  mentis — Not  in  a  sound  mind. 

Non  est  inventus— rl  have  not  found  him. 

Novation — The  substitution  of  a  new  obligation  for  an  old  one, 
■which  is  thereby  extinguished, 

j^ulla  bona — The  return  made  to  a  writ  of  fieri  facias,  b}'  the  sheriff, 
when  he  has  not  found  any  goods  of  the  defendant  on  which  he 
could  levy. 

Noncupative  will — An  oral  will,  declared  by  testator,  in  extreinis, 
before  witnesses,  and  afterwards  reduced  to  writing. 

Order  nisi — A  conditional  order,  which  is  to  be  confirmed,  unless 
something  be  done,  which  has  been  required,  by  a  time  specified. 

Parol  evidence — Evidence  verbally  delivered  by  witnesses. 

Paterfamilias — One  who  was  sui  juris — of  his  own  right — and  not 
subject  to  the  paternal  power. 

Patricide — One  guilty  of  killing  his  father. 

Per  capita — B}"  the  head  or  polls. 

Per  centum — B}^  the  hundred. 

Per  contra — Contrariwise. 

Per  se — B}'  itself  considered. 

Petit — A  French  word  signifying  little,  small — as  petit  larceny, 
petit  jur}',  petit  treason. 

Plaintiff  In  error  — xV  party  who  sues  out  a  writ  of  error  ;  and  this 
whether  in  the  Court  below  he  was  plaintiff  or  defendant. 

Poachin;/ — Unlawful  entering  land,  in  night  time,  armed  with  intent 
to  destroy  game. 

Posse  comitatvs — The  power  of  the  county. 

Post  facto — After  the  fact. 

Posthumus  child — One  born  after  the  death  of  its  father. 

Post  mortem — After  death. 

Prima  facie — On  the  first  view. 

Process  verbal — A  written  statement. 

Pro  confesso — As  if  conceded.  A  decree  taken  where  the  defendant 
has  either  never  appeared  in  the  suit,  or,  having  appeared,  has 
neglected  to  answer. 

Pro  forma — For  the  sake  of  form. 

Pro  rata — In  pro})ortion. 

Pro  renata — For  the  occasion  as  it  may  arise. 

Pro  tanto — For  as  much. 

Propjria  persona — In  his  own  person. 

P?<(;aii ye— Reputed  to  be  that  which  is  not— as  putative  father,  puta- 
tive marriage  ;  putative  wife  ;  putative  owner. 


Dictionary  of  Legal  Terms.  383 

Quid  pro  quo — What  for  what — one   thing  for  another — an    equiva- 
lent.    A  term  denoting  the  eonsideration  of  a  contract. 
Quo    animo — Tlic   intent;  the    mind  with   which   a  thing   lias  been 

done. 
Quo  Warranto— T\\G  name  of  a  writ  (and  also  of  the  whole  plead- 
ing) hv  which  the  government  commences  an  action  to  recover 
an  ollice  or  fianchijse  from  the  person  or  corporation  in  posses- 
sion of  it. 
Jlecognizance — An   obligation  of  record  entered   into   before  some 
court  of  record,  or  magistrate  duly  authorized,  with  condition 
to  do  some  particular  act,  as  to  appear  at  the  same  or  some 
other  court,  to  keep  the  peace,  or  pay  a  debt.     A  recognizance 
dilfers   from   a  bond,  being  witnessed   by  the  record  only,  and 
not  by  the  party's  seal. 
Hectus  in  curia — Upright  in  court;  with  clean  hands..  The  condi- 
tion of  one  who  stands  at  the  bar,  against  whom  no  one  objects 
any  offense  or  prefers  any  charge. 
Beductio  ad  ahsurdum — A  position  reduced  to  an  absurdity. 
Fieplevy--k.  writ  to  get  back  goods  and  chattels  wrongfully  taken  or 
detained,  upon  giving  security  to  try  the  right  to  them  in  a  suit 
at  law,  and,  if  that  should   be  determined  against  the  plaintiff, 
to  return  the  property  replevied. 
Be'plication — In  pleading,  the   plaintiff's   answer  to  the  defendant's 
plea  or  answer.     In  equity,  the  plaintiff's    avoidance   or  denial 
of  the  answer  or  defense. 
Bes  judicata — A  legal  or  equitable  issue  which  has  been  decided  by 

a  court  of  com})etent  jurisdiction. 
Biparian  x>roprietors — Those  wlio  own   the  land   bounding  upon  a 

water  course. 
Bulenisi — A  rule  obtained  on  motion  exj)arteto  show  cause  against 

the  particnlar  relief  sought. 
Scire  facias — A  writ  founded  upon  some  record,  and  requiring  the 
party  proceeded  against  to  show  cause  why  the  party  l)ringing 
it  should  not  have  advantage  of  such  record. 
Semper  2iaratus — Always  ready. 

Seriatim— 1\\  a  series;  severally;  as  the  judges  delivered  their  opin- 
ions seriatim. 
Sine  die — Without  a  day  appointed. 
Status  quo — The  state  in  which. 

Subornation  of  2:terjuri/ — The  procuring  another  to  commit  legal  per- 
jur}-,  who,  in  consequence  of  the  persuasion,  takes  the  oath  to 
which  he  has  been  incited. 
Suhpcma  (under  penalty)— A  writ  commanding  the  attendance  in 
court  of  the  person  on  whom  it  is  served  as  a  witness.  The 
process  by  which  a  defendant  in  equity  is  commanded  to  appear 
and  answer  the  plaintiff's  bill. 
Subpoena  duces  tecum — A  writ  of  the  same  kind  as  the  subpcenaies. 
ti^ficandum,  mQ\\\(\\x\<^  a  clause  requiring  the  witness  to  bring 
with  him  and  produce  to  the  court  books,  papcj's,  etc.,  in  his 
hands,  tending  to  elucidate  the  matter  in  issue. 


384  Dictionary  of  Legal  Terms. 

Sui  juris — Of  his  own  right.  Possessing  all  the  riglits  to  wliich  a 
freeman  is  entitled. 

Summons — A  citation  or  writ  to  appear  in  court  on  a  da}'  specified, 
to  answer  to  the  plaintiff,  or  to  testify  as  a  witness. 

Su2)e7-secleas — That  yoii  set  aside.  The  name  of  a  writ  containing 
a  command  to  stay  the  proceedings  at  law. 

Sub  sllentio — Under  silence  ;  without  an^-  notice  being  given.  Some- 
times passing  a  thing  sub  silentio  is  evidence  of  consent. 

Superflcies — Whatever  has  been  erected  on  the  soil. 

Testator — One  who  has  made  a  testament  or  Avill. 

Tripartite — Consisting  of  three  parts;  as  a  deed  tripartite  between 
A.  of  the  first,  B.  of  the  second,  and  C.  of  the  third  part. 

Trover — A  form  of  action  which  lies  to  recover  damages  against  one 
who  has,  without  right,  converted  to  his  own  use  goods  or  per- 
sonal chattels  in  which  the  plaintiff  has  a  general  or  special 
property. 

Turpis  casua — Abase  or  vile  consideration,  forbidden  b}^  law,  which 
makes  the  contract  void. 

Venditioni  exponas — That  you  expose  to  sale.  The  name  of  a  writ 
of  execution  directed  to  the  sheriff,  commanding  him  to  sell 
goods  or  chattels,  and  in  some  states,  lands,  which  he  has  taken 
in  execution  b}^  virtue  of  a  fieri  facias,  and  which  remain  un- 
sold. 

Venire  facias — A  writ  directed  to  sheriff  requiring  him  to  cause  a 
certain  number  of  qualified  persons  to  appear  in  court  at  a  spe- 
cified time,  to  serve  as  jurors.  A  writ  in  the  nature  of  a  sum- 
mons to  cause  the  party  indicted  on  a  penal  statute  to  appear. 

Verbatim  et  literatim — Word  for  word  and  letter  for  letter. 

Versus — Against;  usually  abbreviated  v.  or  vs. 

Vi  et  armis — With  force  and  arms. 

Vice  versa — On  the  contrary;  on  opposite  sides. 
■  Virtute  officii — By  virtue  or  his  office. 

Viva  voce — By  the  living  voice;  verbally;  oral  testimony'. 


INDEX  TO  FORMS. 


IN  CIVIL  ACTIONS. 


PAGE.  NUMBER. 

72    Accounts — for  money  wages  for  labor 15^ 

62  — for  suit  in  cutting  timber ^3^ 

(38  — for  suit  in  taking  boat 139 

2    Affidavits — to  open  account »'> 

6  — for  continuance 1^ 

8  — for  appeal 2o 

9  — for  justifying  sureties  on  bond 25 

11  — for  garnishment • )^8 

14  — lor  fraudulent  conveyance '-4 

15  — in  claimant's  issue pG 

59  — by  surety  or  joint  debtor l-^''^ 

63  — by  raftsman If^ 

68  — for  removal  of  property l^'J 

68  — for  removal  of  pro))ert3',  No,  2 151 

69  — fraudulent  removal  of 'mortgaged  property 152 

2  — denying  affidavit  to  open  account tJ 

(Se'e  titles  "Attachment,"'  "  Replevin,"  etc.,  for  others.) 

12  Answers — of  garnishee ^0 

74  —of  defendant  generally 1^^ 

75  — with  notice  by  defendant 1C8 

8    Appeal — affidavit  for 2^ 

8  —bond '^'i 

10  — transcript  of  record  and  certificate  in 28 

Arbitration  and  Awards — forms  in  : 

51  — rule  for  submission 114 

52  — award H^ 

52  — agreement  to  submit H^ 

53  — award,  to  be  attached  to  agreement 117 

53  — affidavit  of  witness  to  award  and  agreement 118 

54  — ^judgment  on  award H*^ 

Agricultural  Lien  Law — forms  in  : 

C4  — affidavit  for  wages — crop  laborer 145 

65  — affidavit  for  share  of  crop l^J.' 

66  — writ  of  seizure  and  summons  for  wages  on  crOp 14( 

66  — writ  of  seizure  and  summons  for  share  of  crop 148 

67  — writ  of  possession • I3'' 

68  — removal  of  lien  jiroperty — affidavit  No-1 1^" 

68  — removal  of  lien  property — affidavit  No.  2 1-_>1 

69  — fraudulent  removal,  mortgaged  property — affidavit 152 

25 


Index  to  Forms, 


NIMBER. 


PAGE. 

58    Assignment — general,  with  power  of  attorney I'^J 

58  —of  a  bond 1;^0 

58  —notice  of \~^ 

57  — of  a  note  by  endorsement 1'^' 

Attachment — forms  in  : 

18  —affidavit  for 41 

lit  —bond  in 42 

1<)  —writ  of • 4o 

20  — summons  for  garnishee  in  writ 44 

20  — return  of  officer  on  writ 4y» 

21  — replevin  bond  in 4o 

21  — replevin  bond  to  discharge 4/ 

22  — petition  attacking;  replevin  bond 48 

22  — citation  to  constable  taking  replevin  bond 49 

23  —affidavit  for,  debt  not  due ^0 

23  — bond  of  purchaser,  debt  not  due ^1 

24  — plea  in  abatement ^- 

24  —notice  that  proof  of  damages  will  be  offered 5^ 

2i  —sale  of  perishable  goods— oath  and  certificate 54 

25  — affidavit,  defendant  non-resident ^o 

20  — notice  in,  to  be  posted ^ 

2ti  — affidavit  of  justice,  sending  notice ^' 

2(.i  — proof  of  publication ^° 

27  — bond  before  sale— judgment  by  default ■^^ 

■i    Attachment  AGAINST  Witness— form 10 

Bastardy — forms  in  : 

45  — complaint ^tj 

45  — warrant ^' 

45  — bond  to  answer  in  circuit  court ■^^ 

Bonds —  ^, 

1  — official,  of  justice " 

8  — appeal  bond ■^^ 

13  — bond  of  indemnity ^^ 

15  — of  claimant ^ 

02  — to  perform  labor  on  road •'^^' 

(See  "Attachment"  and  other  titles.) 
50    Bill  of  Exchaxge — domestic 1^1 

2  Counter  Affidavit— of  defendant  to  open  account 'j 

5     Commission — to  take  deposition 1- 

0    Continuance — affidavit  for • l*^' 

0    Certiorari — petition  for ■^^ 

15     Claimant's  Issue— bond %l^^ 

10  —judgment ^^ 

Complaints — 

72  — action  on  contract j^y 

73  — injuring  personal  property :j'^_'^ 

73  —breach  of  warranty ||^^ 

7o  — fraud  or  deceit |^ 

73  — conversion  of  personal  property ]P^ 

74  — injury  to  real  property j  .''^ 

74  — by  an  assignee ^"-' 

Constable — 

17  -sale  by ^ ^ 

75  — motion  against |_" 

70  — notice  of  such  to ^'^ 

Coroner —  .«  •  ,,, 

63  —summons  for  jury :|^.'^ 

64  — o»th  of  jurors |;- 

64  — oath  of  witnesses r|* 

04  —verdict  of  jury 


Ill  Civil  Actions.  •>S'*' 


i«AGH.  -M-MUtK. 

5     Dkposition — and  certificate |;j 

5  — conimission  to  take ^- 

4  — uotice  to  take '' 

59     Da.viT— or  domestic  bill  of  excliaiige l-jl 

71  — notice  f  f  protect  for  non-piivnu-iit 1"'' 

'1     Dkfknuant — couuter  affidavit  of 'j 

74  — general  answer  of ^'" 

12    Execution — form  of \'}^ 

V't  — return  on ''■' 

Exempt  rROPERTY — forms  in: 

o")  — bond  of  indemnity  to  officer 1'-" 

5')  — defendant's  replevy  bond J'-l 

-5--,  — (,ath  of  free-holders Jj]; 

•f)o  — allotment  by  freeholders  |--' 

/)(;  —allotment  contested— plaintili"'s  affidavit 1-f 

^7  —allotment  contested — defendant's  affidavit l'-^^-> 

57  — special  judgment  for  purchase  money !-'-► 

Fences— 

4R  — petition  for  order  lo  view •'■' 

4f)  — order  to  view ^1* 

47  — certificate  of  liouseholders |  'I 

47  — uotice  by  householders j"-^. 

48  — notice  to  plaintiff' of  bad  fence lU'J 

— suit  for  throwing  down 

(See  "  Trespass  by  Stock. ") 

14    Frvdulent  Conveyance — affidavit  of '■}\ 

14  — summons  on '^'^ 

Gaknisument — 

11  —affidavit  for '•^'^ 

11  —writ  of ^'' 

VI  — answer  of ^" 

14  — summons  fjr  in  attachment 44 

Judgments — 

4            — nisi  against  witness ■' 

7            — on  jury  verdict "-' 

iS            — of  justice,  general  form ~ 

ir>            — in  claimant's  issue ^}^ 

'M            — in  unlawful  entry  and  detainer,  No.  1 ^^ 

<>\            — in  unlawful  entry  and  detainer,  No.  '1 ^'J 

o")            — in  mechanics'  lien '*' 

54            —on  award    ^]}\ 

57            — special,  for  purchase  money 1-*' 

LANnLORB  AND  Tenant — forms  in  : 

36  — affidavit,  rent  due 'J^ 

36  — affidavit,  rent  not  due '■* 

37  — affidavit,  eifects  removed ^0 

^7  —bond 81 

38  — distress  warrant ^^ 

30  — notice  to  tenant  of  seizure ^-^ 

39  — three  montiis  replevin  bond • ^ 

40  — bond  10  try  validity  of  distress ^5 

41  — writ  of  replevin  in  favor  of  tenant 86 

41  — claimant's  affidavit 87 

41  — claimant's  bond ; ^8 

A'l  — writ  of  replevin  favor  of  claimant ■'■'' 

42  —notice  to  determine  tenancy '" 

42  — notice  to  tcrnuuate  tenancy  at  will '•'! 

43  — affidavit  to  remove  tenant  at  will '-''^ 

43  — affidavit  to  remove  a  tenant '^'^ 

44  — summons  to  tenant  to  remove,  or  appear '-^-l 

44  — warrant  of  removal ^'■> 


388  Index  to  Forms, 

PAGE.  NUMBER. 

Mechanics'  Lien — forms  in  : 
3-^  — petition 72 

33  — bill  of  particulars 73 

34  — summons 74 

34  — notice  to  owner 75 

35  — ^judgment 76 

35  — execution 77 

75  Motions — against  constable 169 

2    Note — form  of 3 

4    Notices — to  take  deposition 11 

24  — to  plaintiff  in  attachment  of  proof  of  damages 53 

26  — of  att„ichment  to  non-resident 56 

84  — to  owner  in  mechanics'  lien 75 

39  —to  tenant «.     83 

42  — to  determine  tenancy 90 

42  — to  terminHte  tenancy  at  will 91 

47  — by  housv'holders  in  fence  view 102 

48  — of  detention  of  stock 103 

48  — of  damage  by  stock 104 

48  —of  bad  fence  "^to  plaintiff 106 

58  — of  assignment  of  note 128 

59  — by  surety 132 

71  — of  protest  for  non-acceptance 155 

71  — of  protest  for  non-payment — draft 156 

71  — of  protest  for  non-payment— note 157 

76  — of  motion  against  constable 170 

Notary  Public — forms  in  : 
70  — protest  of  draft,  non-acceptance 153 

70  — protest  of  draft  or  note,  nou  payment 154 

71  — notice  of  protest,  non-acceptance 155 

71  — notice  of  protest,  non-payment — draft 156 

71  — notice  of  protest,  non-payment — notice 157 

71  — certificate  of  service  of  notice 158 

1     Oath — of  office,  justice 1 

6  — of  witness  14 

7  — to  answer  questions 18 

7  — of  jurors 19 

55  — of  i'ree-liolders,  in  exempt  property 122 

64  — of  jurors  before  coroner 142 

64  — of  witnesses  befoi'e  coroner 143 

1  Official  Bond — of  justice '-^ 

2  Open  Account — and  note,  form 3 

*  46    Order— to  view  fence lOO 

Overseer  of  Roads — forms: 

i(30        "    — appointment  to  notify  liauds  and  list 134 

01.     •     — his  delinquent  list 135 

Q\  — wajTant  arresting  delincjut'nt  liands 136 

62  — bottd  to  perform  labor 137 

9    Petition — for  certiorari ^6 

22  — attacking  replevin  bond  in  attachment 48 

33  — in  mechanics'  lien 72 

24     Plea  in  Abatement — in  attachment 52 

51     Precept — of  officer  in  obstructing  water-courses 113 

26    Proof  of  Publication — in  attachment 58 

63  Raftsman— affidavit  of •  1-10 

Replevin— forms  in : 

28  -affidavit 60 

28  —writ 61 

23  —bond  of  plaintiff 62 

29  — bond  of  defendant - 63 


In  Civil  Actions.  389 

PAGE.  NIMBER. 

Returns — of  officers: 

?>            — on  summons ' 

l;'>        .  — on  execution -i"^ 

'JO            — on  writ  of  attachment 4-) 

81            — on  warrant  in  unlawful  entry  and  detainer 07 

17     Sale — of  constable '^'^ 

3  SiiBPCENAs — general  form ^ 

7  — duces  tecum 1" 

4  Summons — general  form 4 

14            — on  fraudulent  conveyance 3;_> 

34            — in  mechanic's  lien ^^ 

44            — to  tenant  to  show  cause  or  remove 'J-4 

4't            — in  obstruction  to  water  courses HO 

50            — to  householders,  water  courses HI 

()3            — for  coronor's  jury •_;  141 

6G            — in  agricultural  lien  law  147,  148 

Sureties  and  Joint  Dedturs — 

5!)  — notice  by  surety  I'J- 

59  — affidavit  of  surety 133 

Tenant — (See  "Landlord  and  Tenant.") 

C2    Timber — account  for  suit  in  cutting 1'jH 

10    Transcript — of  record  and  certificate  in  appeal -7 

Tresspass  by  Stock — 

48  — notice  of  detention  of  stock lO'j 

48  — notice  of  damage  by  stock I'M 

48  — suit  for  damages  by  stock 105 

49  — suit  for  shooting  or  dogging  stock 108 

Unlawful  Entry  and  Detainer— forms  in  : 

'29  — complaint 64 

30  —complaint,  No.  2 65 

30  — warrant 6" 

31  — return  of  officer 6' 

31  —judgment,  No.  1 '■ 68 

31  —judgment,  No.  2 6^* 

31  — writ  of  possession ^0 

oi  — appeal  bond ; ^1 

7  Verdict — ofajury '-^'^ 

(j4  of  coronor's  jury  l-l^ 

17  Venditioni  Exponas — form 40 

G  Venire  Facias — summoning  jury 15 

30  Warrants — in  unlawful  entry  and  detainer 66 

38  —distress f'^ 

44  — of  removal,  tenant  at  will •■^ 

45  — in  bastardy p' 

61  — arresting  delinquent  road  hands 1^6 

49     Water  Courses — complaint  in  obstructing 109 

49  — summons HO 

50  — summons  to  householders Hi 

50  — rejjort  of  householders 11_^ 

51  — precept  to  officer H" 

11     Writs — of  garnishment ^ 

19  — of  attachment ^^ 

28  — of  replevin 61 

31  — of  possession,  unlawful  entry "0 

41  — of  replevin  favor  of  tenant °o 

42  — of  replevin  favor  of  claimant ^9 

66  — of  seizure,  for  wages  on  crop !■*' 

6(!  — of  seizure,  for  share  of  crop '. 1^''^ 

67  — of  i»ossession,  ap;ricultural  liens 1'19 


390  Index  to  Forms ^ 


FORMS— AS    A    CRIMINAL   COURT. 


PAGE.  NUMBER.. 

103  Abductions — Complaint  for,  of  female  over  14 2'2l'.'' 

104  — Coeiplaint  for,  of  female  under  14 '227 

100    Accessory — after  the  fact 218 

77     Affidavits — general  form 171 

80  — for  peace  warrant 178 

81  — for  yagrancy 181 

83  — for  search  warrant 185 

91  — against  justice,  for  failure  to  pay  money 20? 

92  — against  justice,  for  extortion 205 

93  — against  officers,  for  failure  to  arrest 20t> 

94  — selliiig  liquor  to  minor 209 

95  — selling  liquor  to  one  intoxicated 210 

96  — grog  shops  declared  nuisance 2l!> 

98  — for  infringement  of  civil  rights 215 

98  — for  election  frauds,  general  form 21() 

fil  — overseer  of  road  and  delinquent  list 135 

— for  felonies,  see  Complaint 

79  Appearance — bond  for,  general  form 176- 

80  — recognizance  for,  general  form 177 

87    Appeal — bond  for 192 

100  Arson — complaint 219 

103    Assault  and  Battery — complaint 225 

79    Bonds — for  ajipearance,  general  form 17& 

87  — for  appeal 190* 

•.M5  — for  license 212 

88  — certificate  of  default  on 195 

105  Bigamy — complaint  for 231 

90    Boundaries — destroying 199 

89  Bribery — at  elections,  complaint 196 

101  — general  form  of  complaint 222 

101     Burglary — complaint 221 

88  Certificate — of  default  on  bond 195 

98  Civil  Rights — affidavits  for  infringement  of 215 

86     Compromise — judgment  of  discharge  on 191 

89  Complaints — bribery  at  elections 196 

89  — for  gnming 197 

90  —duels 198 

90  — destroying  boundaries 199 

90  — obtaining  money,  etc.,  by  false  pretense 200 

91  — petit  larceny..... 201 

99  — for  murder 217 

100  —accessory  of  the  fact 218 

100  —arson....! 219 

100  —rape 220 

101  —burglary 221 

101  — bribery,  general 222 

102  — perjury 22o 

103  — mayhem 224 

103  — assault  and  battery  intent  to  kill 2^5 

103  — abduction, female  over  14 226- 

104  — abduction,  female  under  14 227 

104  — seduction „ 228 

104  — buying  or  receiving  stolen  goods 229 

105  — grand  larcenj' 230* 

105  —bigamy 23)» 


As  a  Criminal  Court.  -^91 


MMBER. 

'''^°'^-  .                                                                                                                 Ttl) 

104     Confession— voluntiiry1)y  prisoner ^•^^ 

88  Default— certificate  of,  on  bonds,  etc 1'^" 

85    DrscHARGE— warrant  for  prisoners ^^ 

90    Duelling— complaint 

98    Elections— affidavit  for  frauds  at ^1'' 

89  — briber^'  at ''' 

92    Extortion— affidavit  ap;ainst  justice  for ^'^ 

90  False  Pretenses— obtaiuing  money  by,  complaint "-^00 

87  Forfeited  Recocnizance— judgment  on l-'-^ 

88  — scire  facias  on 

98    Frauds— at  elections,  affidavit "^'j 

89  Gaming— complaint ^^ 

78    Judgments— fine  and  imprisonment ^l^ 

81  —to  keep  the  ])eace ^'^ 


18;-", 
101 


8'J  — in  vagrancy. 

m  —of  discliarge  on  compromise j;^,^ 

<^7  _on  forfeited  recognizance '-I'' 

92  —against  a  justice,  failure  to  pay  money f^J* 

-nisi  against  justice,  unlawful  entry,  etc -'^' 


30 
2U1 

212 


93 

105  Larceny- grand,  complaint. 
91  —petit,  complaint. 

95  License  to  Sell  Liquor— petition  for ,-^|^^ 

•,Kj  — bond  for "  ~ 

9-t  Liquor— selling  tominor,  affidavit -|' 

95  — selling  to  one  intoxicated 

103  Mayhem— comi)laint "— 

94  Minor— selling  liquor  to -^J_ 

79  Mittimus— fine  and  imprisonment ^^ 

88  —for  viigrant ^^ 

84  — general  form ■■_ 

99  Murder — complaint ~  ' 

96  Nuisances— affidavit -  ''^ 

91  Oaths— of  jurors -^" 

90  Obtaining  Money,  etc— false  pretense,  complaint '--00 

80  Peace  AVarrant— affidavit  for ^'^ 

102  Perjury — complaint "  " 

100  B ape— complaint ■" 

80  Recognizance— to  appear ^^^ 

81  — to  keep  the  peace z^ 

85  —to testify ;^^^' 

97  Saloon  Keeper— suit  against,  by  wife -^'^ 

88  Scire  Facias— on  forfeited  recognizance ^''^ 

94  — for  defaulting  justice -"^ 

104  Search  Warrant— form  of ^^^ 

104  Seduction— complaint *^" 

78  SuBPcENA — form  of " 

104  Stolen  Goods — receiving  or  buying,  complaiut ---' 

181 


81  Vagrant — affidavit  for. 

82  — warrant  for 


182 
183 


82  —judgment  in 'V^ 

83  —mittimus  of ^^ 

86    Voluntary  Confession — of  accused 1^0 

76     Warrants — general  form j^^ 

8=5  — to  discharge  prisoner ^^^ 

84  -to  search.: • ^^^ 


392  Index  to  Civil  Lcuw. 

MISCELLANEOUS  FORMS. 


PAGE,  NUMBER. 

132    Acknowledgments — by  man  orfemme  sole ^66 

— by  man  and  wife '-^6^ 

135     Agreement — i-aising  money  for  church 271 

lOG    Bill  of  Sale — form  of 232 

113  Bonds— for  title  to  realty ■ ;•  241 

127  — for  coroners,  rangers,  treasurers,  surveyors,   assessors,  circuit 

clerks  and  supervisors 259 

127        ,  — for  justices,  chancery  clerks,  sheriffs  and  constables 260 

121^  — for  tax  collectors ^61 

129  — justification  of  sureties 262 

i32     Contract— general  form 268 

120  —for  work 250 

118  —for  wages 248 

134  — to  cultivate  land  on  shares ^69 

i34  — to  cultivate  on  shares,  No.  2  270 

119  — to  cultivate  land  on  shares.  No.  3 249 

106  DtED? — quitclaim 2|^ 

1 07  — warrantee 234 

107  — warrantee  with  vendor's  lien 23o 

114  -of  gift ^42 

114  — with  full  covenants j^'^ 

115  — by  administrator -44 

116  — by  tax  collector ; 245 

117  _by  sheriff.. 246 

117  — by  commissioner •••••  ^4/ 

132  — acknowledgements  of 266-267 

108  Deed  of  Trust — to  secure  note 236 

110  —on  growing  crop  to  secure  advances 237 

—to  secure  advances 238 

112  —for  rent 2bJ 

112  — for  rent  and  supplies 23J 

120  Lease— of  farm 2-^1 

121  — general ;^?2 

122  — agreement  of,  by  landlord 2-)o 

123  — agreement  of,  by  tenant 254 

136    Marriage  Ceremony — for  justice 272 

130  Mortgages — to  secure  note 263 

131  — with  power  of  sale 264 

123  Partnership — for  planting. ^55 

124  — lor  mercantile  business 256 

124  — for  same,  another  form 257 

131     Power  of  Attorney — form 265 

126     Release— of  all  demands 258 


INDEX    TO    LAW— AS    A    CIVIL    COURT. 


(  The  Section  refers  to  the  Law  as  found  in  Revised   Code  of  1871) 
page.  section. 

140    ABATEMENT.-Death  of  plaintiff  not,   to  abate  suit;  administrator 

may  continue o^" 

146  administrator  must  appear  or  suit  dismissed 679 

18t  death  of  defendant  no  abatement  in  attachment 1486 


Index  to  Civil  Law.  3^^ 

PAGE.  SECTION. 

142    AccouNT.s.— open,  itemized  copy  to  he  filed  before  process 5B(J 

142  sworn     to,     prima   facie     oviilence   of    correctness,    unless 

rebutted  l)y  counter  affidavit ''S'i 

14"2     Afkidavits. — to  open  accounts,  prima  facie  evidence "i^S'J 

144                for  continuance,  what  facts  stated ^f'-i 

147                may  be  made  by  attorney  or  a<:;eiit  *j^' 

158                to  compel  a))pearance  of  female  witness >^J 

161  for  appeal,  what  facts  stated 1'^^'^ 

147  wha',  officers  can  take _       ^"9 

162  for  writ  of  (jarnislimcnt ^i'^'^^^ija 

166  of  claimants  to  ]>ro])erty,  levied  on  or  attached 8.38-1388 

176                 for  attachment,  what  to  contain 1412 

181  when  party  attacheil  is  non-resident  or  is  not  found 14r2 

182  of  officersin  cases  of  non-resiilents  attaclied 14<f> 

186                in  replevin,  to  be  made  before  writ  issues l-'f^'* 

l<:«j                of  landlords,  tor  distress  warrant • I'J^'J 

199  of  claimants  of  property  distrained,  what  to  contain... I'J-'l 

203  to  remove  tenant  or  determine  tenancy,  what  to  contain IW'S 

204  of  tenant  denying  facts  in  such  cases 1^5- 

224  of     plaiutitf    on     seizure  of    liotnestead  and    allotment     to 

debtor '^1^8 

224                of  defendant  against  allotment  in  such  cases 21oJ 

284                of  person  appointed  to  notify  road  hands  on  return  <<f  list  23-34 

252  in  agricultural  liens,  what  to  contain.     Acts  1876,  p.  110 o 

148  Administrators. — suits    against,    not  brought    till  six  months 

elapse W^* 

150  heirs  admitted  to  defend  suits  against,  Acts  1874,    p.  23 

200  may  distrain  for  rent 1686 

182     AuvERTisE.ME.\T-i. — to  be   by   posting,    in   cases   of  non-residents 

attached ' Acts  1876,  p.  78  1 

182                what  to  state  in  such  cases l^ii 

182                copy  of,  must  be  sent,  to  defendant 14i-> 

147-171.     Agents.— can  make  affidavits  and  bond  for  principal 687-1423-1426 

242                of  railroads  liable  for  injury ••■ -^1^^ 

153                process  served  on,  of  corporations  or  railroads  sufficient *0o 

2-51     Agricultitral  Lien  Law. — landlords'  rent  and  supplies,  first  lien 

on  crop, Acts  1876,    p.  109  1 

251                not  to  operate  against  mortgage  with  notice p.  110  1 

251                favor  of  employees  of  farm,  laborers  or  share  workers  p.  110  2 

251                favor  of  laborers  on  farm,  or  share  workers p.  HO  3 

253  how  enforced P- HO  10 

143    Amendments. — in  all  pleadings  and  proceedings   allowed    before 

verdict 

143  permitted  in  judgments  in  certain  cases 

153  on  officers'  return  of  process,  how  made 

188                 in  replevin  bonds 153i 

184                in  attachment  bonds  and  affidavits 148b 

161     Appeals. — when  and  how  taken ^^  1;>^"^ 

I'U  iuty  of  justices  in,  and  proceedings  in  circuit  court 13bb-133o 

138                from  judguent  of  justice  in  contested  election  cases 1391 

256                from  motions  and  suits  against  constable ■_■.••  285 

254  to  be  taken  in  three  days  in   agricultural  liens,  Acts   1876, 

!>.  114 1|^ 

219     Arbitration  and  award. — pending  suits,  how  arbitrated 1J62 

219                rule  for  submission  entered  on  minutes. 19G3 

219  j)roceedings  suspended  until  arbitrators  act l'>54 

220  award,  wlien  approved,  entered  of  record  as  judgment 10tJ-> 

220                merchants,  traders  etc.,  may  arbitrate  differences 1^66 

220                how  to  proceed,  and  force  oV  such  arbitration 1%T 

220                 pi-oduced  in  court,  jiroved,  becomes  judgment Uw 

220                on  such  judgments  tinal  process  may  issue WG'' 

220                award  may  be  set  aside  for  fraud  or  partiality 1-^1.0 

202                jurisdiction  cliancery  court  not  effected  by  thi.'!   act lOTl 


621 
627 
708 


39:1:  Index  to  Civil  Law. 

PAGE.  SECTION.. 

146-229     Assignee. — may  sue   in  Lis   own    name,  if    assignment  is   in 

writing 670-2228 

229     Assignment. — must   he  made    to  surety  or  endorser  on  tender  of 

payment 2229 

170  Attachment. — remedy  by  attachment  and  its  extent 1419 

171  seven  grounds  for  issuance  of  attacliment 1420 

171  affidavit  for   attachment;   hy  and    when   and   before   whom 

made 1421 

171  affidavit  must  contain  one  or  more  of  seven  grounds,  con- 
junctively stated 1422 

171                if  affidavit  by  agent,  statement  of  fact,  prima  facie  evidence  1423' 

171                affidavit  to  be  presented  and  duly  returned 1424 

171  form  of  attachment  bond  ;  when  and  how  taken 1425 

172  if  bond  by  agent,  statement  of  fact,  is  prima  facie   evidence  1426 

172                writ  and  bond  how  ])resented  and  returned 1427 

172                writ  of  attachment,  bv  whom   issued 1428 

172  form  of  writ '. 1429> 

173  garnishment  may  be  embodied  in  writ 1430 

173                attacliment  against  non-iesident,  joint  debtors     1431 

173                duplicate  writs  may  issue 1432' 

173                proceeding  legal  on  Sunday  in  attachments 1433- 

173  officer  shall  levy  and  summon  garnishee — mode .1434 

174  how  the  writ  shall  be  executed  on  different  things 143-5 

174                return  on  writ,  how  made,  shall  deliver  all  bonds 1436 

174  return  by  special  officer,  hoAv  property  disposed  of 1437 

175  bond  of  indemnity,  when  demanded 1438 

175                replevy  of  iiroperty  by  defendant 1439' 

175  defendant,   before  return   or    before   judgment,    maj'   bond 

property 1440^ 

175                liow  plaintiff  may  have  such  bond  perfected 1441 

175  proceedings  vs.  garnishees,  their  answers,  how  sworn  to  and 

forwarded 1442 

176  answers  of  garnishees — within  what  time  made;  property 

disclosed  attached 1443- 

176                stay,  whc-e  debt  of  garnishee  is  not  due 1444 

176                mode  of  controverting  garnishees   answer 1445 

176  garnishee  may  be  summoned  from  any  county 1446' 

177  when  final  judgments  rendered  vs.  sureties  and  endorsers...  1447 
177                property  replevied  by  garnishee,  how  disposed  of 144S- 

177  how  defendants  may  contest  garnishees'  answer 1449" 

178  judgment  when  issue  found  against  garnishee 1450 

178                how  claimant  of  the  effects  garnisheed  made  a  party 14^51 

178                ])roceedings,  when  such  claimant  appears 1452" 

178                how  garnishees  protected  by  o'-ders  of  court 1453 

178                garnishees  allowed  for  expenses 1454 

178  how  attachments  maj'  issue  for  debts  not  due  and  proceed- 

ings therein 1455 

179  claim  of  attached  property  by  third  party 145'i 

179                issue  tried  as  under  claim  on  levy  of  execution 1456 

179  issue  may  be  tried  without  bond.! 1457 

180  grounds  of  attachment  not  conclusive — may  be  contested 1458 

180                plea  in  abatement,  at  return  term,  maj'  be  idled 1459" 

180  jilea  must  be  sworn  to — issue  formed  thereon  without  re- 
sponse   1460 

180  court  shall   order  jury  for  trial  of  issue — bel'ore  trial  on 

merits 1461 

180  defendant  may  prove  damages,  including  lawyer's  fee,  hotel, 

traveling  and  loss  of  trade,  etc « 1462 

180  if  issue  for  defendant,  judgment  for  damages  assessed   and 

costs  146-5 

180  if  for  plaintiff,  defendant  shall  plead  to  merits  of  attach- 
ment   1464 

180  plaintiff  may  dismiss  attachment — but  delendants  may  have 

jury  to  assess  damages ' 146-S- 


Index  to  Civil  Law.  395 


PAGE.  SECTION. 

Attaciimkxt — 
180  perishable   in'oiicrty,    how  sold — owner  luiiy  replevy  such 

property ]4'Jtj-14n" 

180                non-resident  creditors  may  attach  in  this  State 1170 

180                non-residents,  liaving  effects  liere,  may  be  attached 1471 

180                affidavit  where  party  is  non-resident  or  cannot  be  found 1472 

180  advertisement    necessary  ujion  liliiip;  such  affidavit  jfto  be 

done  by  postin<j;  before  justice  courts.   Acts  187tj,  p.  78,  j^l..  147:> 

182                advertisement  shall  cite  defendant  and  time  of  iiublication..  1474 

182                advertisement  sent  to  defendant—officer's  affidavit  thereof...  1470 
only  posted  notices,  to  non-residents  in  attachment  before 

justices Acts  1876,  p.  78 

182                iudgment  and  sales,  defendant  may  plead  withoutreplevying  1470 
182               judgment  by    default   upon  jtroof  of  publication — writ  of 

inciuiry ^^i\ 

182  all  property  seized  sold  and  judgments  vs.  garnishees 1478 

180  before  sale,  on  judgment  by  "default,  plaintifFmust  give  bond  1470 

183  plaintiff  failing  to  give  such  bond  ten  days  after  notice,  of- 

ficer sells  and  retains  money 1-1*^0 

183               jurisdiction  of  justice  in  attachment  cases 1481 

AXTACIIJfENT  — 

183  attachments,  in  i)ending  suits,  when  granted 1482 

184  defective  attachment  bond,   how  perfected — amendment  of 

bond  and  affidavit 1-183 

184                live  stock,  levied  on,  sold,  if  not  replevied 1484 

184  administrators,  etc.,  garnisheed— but  no  judgment  until  six 

months l-l^-^ 

184                death  of  defendant  does  not  abate  attachment 1480 

184                attachments,  by  whom  executed 1487 

184                attachments,  and  issue?  thereon,  tried  at  the  return  terni....__  1488 

184  attachment  of  steamboats  and  water-craft Acts  of  1875,  p.  102 

182                iidvertisement  to  be  sent  defendant — officers  affidavit  thereto  1475 

182                judgment  and  sales,  defendant  may  plead  without  rcjdevying  14i_0 

182  judgment  by  default  on  proof  of  publication— writ  of  inquiry  1477 
i82                all  property  seized  sold  and  judgment  against  garnishees...  1478 

183  on  judgment  by  default,  plaintiff'  must  give  bond  before  sale  1470 
183                failing  to  give  such  bond  on  ten  days  notice,  officer  sells  and 

holds  money 1480 

183               justices' jurisdiction  in  attachment-cases 1-181 

183  attachments,  in  pending  suits,  when  granted 1482 

184  defective    bond,    how  perfected — amendment  of  bond    and 

affidavit = 1483 

184                live  stock  levied  on,  sold,  if  not  replevied .■•  1*8* 

181  adminibtrators    garnisheed — but    no    judgment    until    six 

months Ifv^. 

184                death  of  defendant  does  not  abate  attachment 1-48JJ 

184                attachments,  by  whom  executed r^L 

184                attachment  and  issues,  tried  at  return  term __  1488 

184  attachment  of  steamboats  and  water-craft Acts  18<o,  p.  10- 

Attorneys — (See  sections  in  Revised  Code.) 

only  two  on  each  side  to  argue,  except  in  criminal  cases 22o4 

notices  served  on,  valid  as  on  party  to  suit ~9;3 

when  compensation  not  allowed  them  as  witnesses 2'-o"-; 

penalty  for  ]>ractising  without  license '---lO 

Baggage — 

241  railroads  shall  receive,  give  check  and  keep  till  called  tor...  2.tlU 

242  double  damages  for  injury  to  checked  baggage 2mi^ 

242                how  railroads  proceeded  against  in  such  cases -Ol- 

Bank  Checks— (See  "Promissory  Notes,"  etc.) 

Bastardy— 

20(5                pregnant  woman,  how  to  proceed  in  such  case loU/ 

20(j               justice  must  return  to  circuit  court  all  proceedings 180-S 

207                bastard  12  months  old,  suit  barred 180< 


396  Inde:\.  to  Civil  Law. 

page.  section. 

Bills  of  Exchange — 

lioO                M-liat  writing  constitutes  one 2230 

(See  "  Promissory  Notes,"  etc.) 

Boats — 

245                penalty  for  loosing  or  taking  away 2478 

Bonds — 

137                of  justices  of  the  peace 1298 

189  of  mayors  who  act  as  justices Acts  187t>,  p.  33,  §1 

166                of  claimants  to  property  levied  on 858 

171                of  attachments,  form  of 1425  , 

175                of  defendants,  who  replevy  in  attachment 1440 

183                of  plaintiff  to  sell  property  of  non-resident  attached 1479 

186  of  defendant  and  plaintifl"in  replevin 1530-1531 

192                in  forcible  entry  and  detainer  for  appeal 1595 

196  of  landlord  in  attachment  rent  in  arrear 1620 

197  of  tenant  for  three  months,  replevying  property  attached 1621 

198  of  replevin  by  tenant,  what  to  recite 1625 

199  of  tenant  to  try  validity  of  distress  warrant 1630 

199                of  claimants  of  tenant's  property  distrained  for  rent 1631 

222  of  plaintiif  ou  levy  on  property  claimed  as  exempt 2132 

223  of  defendant  replevying  exempt  property 2134 

235                of  defaulting  road  hand 2366 

255                official,  of  constable 278 

Bonds  of  Indemnity — 

164                officer  may  demand  of  plaintiff 844 

164                if  not  given  may  refuse  or  release  levy,  if  made 844 

164  how  sued  on 845 

175                when  tliej'  may  be  demanded  in  attachment  cases 1438 

222               when,  in  seizure  of  property,  claimed  as  exempt 2132 

Bonds,  Official-- 

137               of  justice 1298 

255                of  constable 278 

127  how  approved Rev.  Code,  g999,  Acts  1876,  p.  9,  H 

129  oath  of  sureties  on Acts  1876,  p.  8,  \  2 

Brands  of  Stock — 

owners  of  must  have  ear  mark  and  record  the  same 302 

what  stock  not  marked 302 

[Inadvertently  omitted — see  Code,  p.  76.] 

147               proceedings  in  case  of  dispute  about 303 

Certiorari — 

162                this  and  other  remedial  writs  granted  by  circuit  judge 533 

162                when  and  how  obtained 1336 

Challenge  - 

144                of  jurors,  how  many  allowed,  civil  cases 634 

Claimant's  Issue — 

166                how  made  and  tried 1338 

166  affidavit  and  bonds  in  such  cases 858 

167  proceedings  stayed,  and  issue  to  be  made  up 859 

167  issue  made  at  first  term — consequence  of  default 8(30 

168  burden  of  proof  on  plaintiff  in  execution 861 

168  rules  governing  trial  of  issue 861-862 

168  proceedings,  if  either  party  die,  before  issue  tried 863 

169  what  judgment,  if  claimant  die  and  administrator  makes 

default 86-t 

169                what  judgment,  if  surety  on  bond  dies 865 

169                additional  surety  when  required — consequence  of  failure....  866 

179  how  to  proceed  in  attachment  cases 1456-1457 

Clerk  Circuit  Court — 

161                must  docket  appeals  from  justice's  court _. 1333 

165  must  issue  vendi.  expo,  for  sale  of  land  on  justice's  judg- 

ment   1319 


Index  to  Civil  Low,  397 

PAGE.  SECTION. 

COMMTSSIONEUS—  ^ 

159                to  take  depositions,  may  attach  witnesses lyo 

159                may  adjourn  taking  from  day  to  day 797 

<see  "Dei)Osilions.") 
Constable — 

255               oath;  olficial  bond '^78 

255                vacancies,  how  filled '^'«^ 

265                duties  as  peace  officer  set  forth J^'^'J 

255                shall  give  ten  days'  notice  of  sales '-^^1 

255                shall  have  allowance  for  keeping  live  stock ^81 

255                penalty  for  failing  to  execute  or  return  i)rocess 282 

255  proceedings  by  motion  against  and  effect  thereof 282 

256  penalty  for  not  paying  over  money  and  proceedings  thereon  283 

256                penalty  for  false  return  and  how  enforced 284 

25(;                 motions  ov  suits  against,  cither  party  allowed  to  appeal "^85 

250                liable  to  fine  by  justice  for  failure  in  any  duty 286 

159                must  serve  inierrogatives  and  notices  to  take  deposition 798 

159  also  subpoenas  and  attachments— fees  therefor  and  penalty 

for  failure • 79^ 

284               to  see  that  retailing  liquor  laws  are  enforced 24b7 

Continuance — 

144                what  affidavit  for,  to  contain 033 

156                justice  may  continue  case  from  time  to  time 1315 

156               "not  longer,  however,  than  three  months  in  all 1315 

Copartner — 

154  process  to  one,  notice  to  all Acts  1876,  p.  35 

149  in  suits  againstplaintiff  may  dismiss  as  to  one  or  more. .Acts  1876,  j).  35 
149  iury  may  render  verdict  for  some  and  against  others..Acts  187_6,  p.  35 
149  'new  trials  only  granted  to  those  injured  by  verdict Acts  1876,  p.  86 

Coroner — (See  "Justice  as  Coroner." 
Costs — 

248                in  coroner's  inquest,  when  paid  by  state— when  by  county...  256 

323  security  for,  must  be  given,  if  required— mode 573 

324  security  may  be.by  recognizance^udgment  in  such  cases...  573 

324               convict's  property  liable  for — exceptions 28-51 

160  to  be  taxed  favor  party  obtaining  judgment ._ ^     825 

none  due  until  final  determination  of  suits Acts  1875,  p.  153,  ?  11 

(See  "Fee  Bill"  p.  334-344.) 
Dams — 
214  "mills  and  millers." 

Depositions — 

155  how  and  when  taken  in  justice  court 1-^14 

1.57  how  taken  witness  in  this  state ^8S 

1.58  how  taken,  witness  being  non-resident 791 

158                how  notice  to  take,  given  to  party  out  of  state ty^ 

1.58  bow  and  to  whom  commission  to  take,  directed iji> 

158  how  witness  sworn  by  commissioner  to  take 794 

1-59                admissible  as  evideice,  but  liable  to  all  legal  objections 79d 

1.59  commissioner  to  take,  may  attach  witness ^i-^O 

159  taking  of,  may  be  adjourned  from  day  to  day >yi^ 

159                constable  shall  serve  all  process  in  such  cases  7'.th 

1.59                exceptions  to,  when  and  how  taken— may  be  retaken 799 

Detinue — 

143                if  value  omitted  in  verdict,  inquiry  awarded 625 

165                court  may  order  execution  for  value  ascertained  by  judg-  ^^ 

inent *--*" 

Dockets — 

141               must  be  kept  by  justice,  and  how 1<^<^8 


398  Index  to  Civil  Law. 

PAGE.  SECTION. 

Dogs — considered  property 2875 

149  owner  of,  killino;  sheep 

Elections — 

137               justice,  bow  elected  ;  tie,  bow  decided 1296 

137  districts,  how  defined 129i 

loh                 liuw  eitctioti  contested loUO 

138  of  county  officers,  contested;  appeal  and  challenge  in  such 

cases 391 

Endorses — (See  "Promissory  Notes"  and  "Protests.") 
Enrollment — (See  "Judgments.") 

EVIDENCE-- 

15G                party  may  force  adversary  to  give 757 

lot)                parties  to  suit  may  testify 1315 

243  burden  of  proof  on  railroad  for  damages  done. ..Acts  187G,  p.  34,  §      1 

247  before  coroner  to  be  written 252 

157                witness  refusing  to  give,  shall  be  imprisoned 777 

157  when  excused  ;  court  to  decide 778 

(See  Art.  12,  Chap.  8,  Revised  Code.) 
Executions — 

103                not  issue  until  five  days,  unless  good  cause  shown 1317 

164               may  issue  within  a  year  and  day— when  rule  does  not  apply  838 

164                not  to  be  levied  on  lands,  if  personalty  can  be  found 842 

164  officer  may  demand  indemnity  before  levying 844 

165  ])ersons  holding  iiroperty  fraudulently  against,  summoned...  851 

165                proceedings  in  such  cases 851 

165                 how  may  bo  stayed 1343 

165               defendant  thereby  waives  all  errors 1344 

165                when  lands  levied  on,  what  proceedings  are  had 1319 

165                duty  of  justice  and  clerk  in  such  cases  1319 

254  execution  special,  in  judgment  for  labor Acts  1876,  p.  114,  §  12 

254  not  to  be  levied  on  growing  crops — exception Acts  1876,  p.  114,  ^  15 

163  personal    effects    in     hands   of    another  must  be   jointed 

out Acts  1876,  p.  25 

163  penalty  for  refusal Acts  1876,  p.  25 

Exempt  Property — 
222  what  exempt  from  taxation Acts  1876,  p.  129,  §  1 

221  what  personalty  exempt'from  execution  and  attachment 2231 

222  full  proceedings,  when  about  to  be  seized 2132 

223  plaiutiff\s  bond  in  such  cases — may  be  sued  on  by  defendant  2133 

223                proceedings  when  exemnt  projjerty  seized 2134 

223                Jiomcstead  exemptions,  of  what  it  consists 2135 

223  proceedings  when  homestead  levied  on 2136 

224  in'oceedings  when  homestead  valued  at  over  $2,000 2137 

224                lu'oceedings  when  allotment  of  contested  by   creditor 2138 

224  when  contested  by  defendant 2139 

225  homestead  exemption  in  cities  and  towns 2140 

225                no  exemption  in  purchase,  taxes  or  labor  on  property 2142 

225                exempt  real  estate  may  be  sold  by  owner 2143 

225                exempt  personalty  may  be  removed  from  State 2143 

225                homestead  abandoned  becomes  liable  to  sale 2144 

^26  wife's  wages  exempt  from  husband's  debts.    Acts  1873.  p.  78 

221  laborer's  wages  to  $100  exempt /^cts  1872,  p.  13 

254                no  property  exempt  where  claim  is  for  labor.  Acts  1876,  \).  114  12 
Fees  and  Fee  Bill — 

248  of  physcian  before  coroner's  inquest 253 

193                of  justice  in  unlawful  detainer  cases 1600 

203                of  officers  in  attachment  for  rent 1645 

333-344        see   "fee  bill"  in  full Acts  1875,  p.  137. 

Females — 

158  when  required  to  attend,  when  not,   as  witnesses... 789 


Index  to  Civil  Laic.  '^^^9 


'AGK. 


SKCTION. 


Fkncks—  q 

2(19                 wh.at  constitutes  a  lawful  leiice lanu 

•210                on  dividing;  linos,  liow  Imilt  and  kept,  u]. iJOH 

210  parties  to  contribute  eciually,  each  may  build  his  own UOH 

:210  jiiivty  refusing  to  contribute,  iiouseholders  to  assess  value....  I'JO'.t 

211  old  fence  used,  same  action  as  erecting  new  one I'^IO 

211                  iiTOceediuKS  where  l>arty  refu.ses  to  repair  fence Ij^'ll 

211  iiariition  fence  joint  property,  not.  removed  without  consent  1J12 

211                land  vacated,  parly  not  to  contribute  to  fenee I'^l"-^ 

■211                departure  of  partition  fence  from  line,  when  made l!^*!'' 

211                how  share  of  removed,  i>urchasers  reciuire  right 1|'14 

211                may  be  removed,  contribution  refuse \i\o 

:214  for  throwing  down  fence,  gate  or  bars,  what  damaj^es  re- 
covered    ^■'-■' 

Ferries — 

see  "Roads,  ferries  and  bridges,'' 
Forcible  Entry  and  Detai.\eh — 

189  in  what  cases  this  action  had 1-J^^^ 

189  form  of  complaint  before  justice Ipo-J 

189  form  of  warrant l-^>^f, 

190  served  on  defemlant  five  days  before  return  day loob 

190  subpoena  issues  by  justice  who  issues  warrant 1^^< 

190  court,  how  composed,  of  record  of  full  power jocvS 

191  '         the  trial  proceeds  withoutpleadings \'^un 

191  rent,  who  and  to  what  extent  allowed,  j-J-'O 

191  if  judgment  for  plaintiff  writ  of  possession  issues 1>''_1 

191  judgment,  when  for  defendant 1^9Z 

191  "two  justices  only  and  disagreeing,  how  judgment   rendered  159.:j 

191  appeals,  how  and  when  granted,  no  supersedeas lt^J4 

192  appeal  bond,  when  judgment  torrent  also l-j9-J 

192  sutticiency  of  bond, 'on  motion,  inquired  of l-j9*J 

192  clerk  to  tax  all  costs  and  issue  execution l-_'>'' 

192  judgmentin  thi^,  no  bar  to  other  actions li>Jp 

192  "penalty  on  justice  failing  to.  attend 1-^9.) 

19o  fees,  and  when  security  for  cost  demanded ItjUO-lbUl 

208       '        unlawful  to  kill  deer  at  certain  times, Acts  187_6^  p.  49  |  1 

208  also,  tiirkeys,  quails,  doves  and  other  birds Acts  1876,  p.  49,  ^  1 

'/08  unlawful  to  kill  mocking  birds  at  any  time Acts  1870,  p.  49   j(  1 

208  not  lawful  to  rob  birds'  nests— exceptions Acts  ]8*_ti,  p.  4,),  ^  2 

208  unlawful  to  transport  at  certain  seasons Acts  IHiti,  p.  uO,  i  o 

208  penalty  for  violating  this  a-^t Acts  187*5,  p.  oO,  |4 

208  jurisdiction  of  justice  Acts  18/_G,  p.  50,  i  o 

208  'informer  of  violation  gets  half Acts  18^(3,  p.  M  f.  t> 

209  duty  of  officers  in  premises Acts  18i_6,  p.  ol,  ^  ( 

209  hunting  on  posted  land,  penalty Acts  1876,  p.51,  |  8 

209  when  this  act  not  to  apply Acts  18(6  p.  ol,  i  v 

206  see  "Preservation  of  game  and  oysters.  " 

(.lAMiNG  Contracts— 

148                all  contracts,  judgments,  &c.,  for  gaming  void '. 1900 

148                sales  and  incumbrances  on  property  for,  void ^^^^ 

148                Money  and  property  lost  on  bets,  how  recovered 1^  »"- 

limitation  of  suits  therefor  (see  Code) '■'^^•^ 

Garnishment — 

162  writ  of,  when  and  how  issued  by  justice lj^2' 

163  when  and  how  issued  in  circuit   court '^i^ 

■16o                lien  on  property  surrendered ■-  '■-• 

see  garnishment  under  "attachment" 
Husband  AND  Wife — 

J56  may  be  witnesses  for  each  other '^'^~'J-^ 

147  eflectof  death  of  either  on  suit  by  them "-J- 


-iOO  Index  to  Civil  Law. 


tage.  section. 
Husband  and  Wife — 

147  judgment  in  their  favor  revived  in  name  of  survivor 682 

148  how  suit  brought  for  recovery  wife's  property 1783 

150  what  contracts  void  between Acts  187G,  p.  261 

Holidays — 

151  what  shall  be  legal  holidays Acts  1876,  p.  16,  g  1-2 

Infants — 

146  may  sue  by  next  friend 669 

153                how  process  served  on 704 

151  parents  have  full  control  of  till  of  age Acts  1876,  p.  32 

contracts  of,  what  required  to  make  them  valia,  (see  Code) ..  2898 

Inquests  on  Dead  Bodies — 

246                see    "Justice  as  Coroner."  246 

Instructions  to  Jury — 

155                shall  not  be  given  in  justice  court 1831 

Interpreter — 

144                how  appointed,  sworn  and  paid 640 

Interest — 

234                legal  rate  6  percent. — 10  by  contract 2279 

234                rate  on  bills,  notes,  etc.,  of  banks  out  of  State 2280 

234                rate  on  judgment  where  none  specified 2281 

234                how  calculated  where  partial  payments  are  made 2282 

Judgments — 

159  to  be  enrolled  before  lien  attaches 1318 

160  lien,  enrolled,  from  rendition o30 

160                have  priority  according  to  enrollment 830 

160  purchaser  takes  property  discharged  of  liens 831 

161  no  lien  out  of  county  until  abstract  tiled 833 

142  when  plea  of  payment  and  sct-ofi' 601 

143  how  amendments  to,  made  in  court  or  vacations 627 

144  none  by  default,  first  term,  without  personal  service 632 

145  of  non-suits,  when  taken  in  court  and  vacation 641 

147  against  several  parties,  when  to  survive 680 

169                character  of,  in  claimant's  issue  in  certain  cases 864-865 

177  final,  when  rendered  against  sureties  in  attachment 1447 

178  what,  when  found  against  garnishee 1450 

187                in  i-eplevin,  where  defendant  lias  the  property 1533 

191  in  forcible  entry  and  detainer 1591-1592 

195  in  mechanics  lien 1614-1615 

199                in  replevin  by  tenant  to  try  validity  of  distress 1630 

199                in  claim  of  third  party  in  distress  warrant 1631 

205  in  action  to  remove  tenants  at  will 1656-1657 

226                general  limitation  of 2153 

231                interest  on,  when  none  specified 2281 

254                to  be  special  where  claim  is  for  labor Acts  1876,  p.  114,  <J  12 

254  no  lieu  on  growing  crops,  exception Acts  1876,  p.  114  ^  15 

Juries  and  Jurors — 

144                number  of  peremptory' challenges  allowed 634 

144                deficiency  of,  how  filled,  fine  for  default  of  talesman 635 

144                de  mediffitate  lingua3  may  be  summoned 636 

144                knowing  anything  of  cause  must  disclose  same ." 637 

144                officer  pi'ohibited  from  talking  with 638 

144                papers  lead  in  evidence  to  be  taken  by 639 

154                Avho  qualified  and  required  to  serve .". 724 

who  exempt  from  jury  service (see  Code,  p.  150)  725 

154  trials  by,  where  had,  and  how  conducted  by  justice 1326 

155  ))ay  of,  injustice  court 1327 

155                same  jury  to  serve  whole  day  and  costs  ajiportioned 1328 

155               justice  may  fine  defaulting  juror 1329 

155                instructions  not  to  be  given  by  justice _     1331 

180  jury  must  be  summoned  to  try  plea  in  abatement 1459-1461 


Index  to  Civil  Law.  4:01 

SF.fTIOX. 
PAGE. 

Justices  as  Coronkrs—  .    . 

24G                manner  of  halding  iiKiuests  aiul  cases,  form -*■' 

24(j                officers  shall  execute  precept  and  return  at  once -^J 

246                Hubpania  for  witness,  forniofoatli ^^' 

246  oatli  of  jurors •• "•••■■••; H,,^ 

247  ju'ualty  on  officer,  jurors  or  witnesses  tor  default -^tj 

'MT                 liow  jurors  sworn  a'nd  charge  j^ivcn 'f^^ 

227                shall  arrest  those  found  criminal  by  inquest --ji 

348                what  cases  pliysician  called  and  paid ■ _->; 

247  evidence  to  be  written,  accused  and  witness  bound  over -J- 

248  all  papers  returned  to  circuit  clerk ~-^_ 


248  when  to  act  as  coroner, 

248  how  costs  are  paid . 

Justices  as  Notary  Public— 

248                how  appointed  as  such  and  duties .....Acts  i»i-,  p.  m 

See  "Promissory  Notes,  Endorsers,  Protests. 

Jurisdiction —  lon^ 

140                of  jnstices  in  civilcases :^'^'- 

140                party  must  be  sued  in  his  own  district i^^-j 

189                si)ecial,  in  forcible  entry  and  detainer |^JJ 

206                special  in   bastardy ^^- 

Land —                                                                    .       .  ,.iif, 

1G5                how  sold,  levied  on  by  execution  from  justice -i-Ji'' 

164                shall  not  be  levied  on  if  sufficient  personalty  found p^- 

Landlord  and  Tenant— 

196  attachment  for  rent  in  arrear,  affidavit  and  bond ItJ';^" 

197  officer  distraining  to  give  notice ..■■■ Y'Tf 

197                must  advertise  and  sell  unless  property  replevied •  lo-t 

197                defendant  may  give  three  months  bond  and  replevy 16-1 

197                attachment  before  rent  due.  defendant  may  replevy 16-- 

197                effects  removed,  may  be  seized,  rent  not  due 16--J 

197                effects  removed,  rent  due  may  be   seized  v.ithin  thirty  days  lJ_.^4 

197  effects  removed  and  sold  in  good  faith,  not  liable lJ-4 

198  replevin  bond,  what  to  recite,  deliver  to  lessor 16-o 

198                limitation  after  end  of  lease j^;.:* 

198                taking  distrained  property  out  of  county,  penalty lo-^ 

198                distress  must  be  reasonable,  penalty  if  otherwise 1"-' 

198  damages  for  pound  breach,  or  rescous l^-;^ 

197                tenants  remedy  for  distress  had,  no  rent   d-ie |*^-|' 

199  replevin  by,  to  try  validity  of  distress,  bond  and  judgment  J  J-5U 

199  property  of  others  on  premises,  not  lialde loSl 

200  claim  of  third  party  ;  affidavit  and  bond  ;  judgment lo^i 

200                claim  tried  at  return  term,  default  of  i)laintiff lo^^ 

200                 landlord  may  bring  other  action  for  rent  in  arrear Ibrfo 

gra 


200  grantees  amf  lessee's  entitled  to  distress  remedy 'G|-l 

200  lessees  for  term  of  years  have  this  remedy !«•>; 


200  administrators  may  distrain  for  rent. 


1636 

200  wife  dead,  husband  may  distrain  for  rent  of  her  land iuo< 

201  landlord  may  recover,  though  no  written  contract 16o» 

201  proceedings  where  tenant  for  life  dies 1|^^ 

-201                notice  to  determine  tenancy,  how    given ■ l';W 

202  distress  not  made  unlawful  by  subsequent  unlawful  acts....  1 '41 
■202                tenant  holding  over,  penalty i|i|- 

202  action  where  tenant  deserts  premises,  appeal  therefrom loio 

203  death  of  party  to  replevin,  not  to  abate  action 16*^ 

908                officers  fees  in  attachment  for  rent jj^p 

203  cases  where  tenant  at  will  removed f64b  lb4( 

■203                 aflidavitof  landlord  or  agent,  what  to  contain lo-*» 

■203                on  affidavit  order  of  removal  issues,  or  to  show  cause 164^ 

204  how  such  order  or  summon  served |  _'i^^ 

204          ■      tenant  not  appearing  on  notice,  warrant  issues 16-J_1 

204                 tenant  may  deny  facts  on  which  summons  issued '6-^"- 

204                in  such  case,  ju'ry  trial,  at  request  of  either  party I'w-i 

26 


^02  Inclejc>  to  Civil  Law: 

PAGE.  SECTION.. 

204                where  jury  appear,  further  proceedinf!;s  therein 1654 

204  adjournments,  subpoenas,  penalty  on  jurors  and  witneesss...  1655 

205  judgment  if  verdict  for  landlord  or  lessor. ...% 1656 

205               judgment,  if  verdict  for  tenant 1657 

205                in  non-payment  of  rent,  warrant  stayed,  if  rent  paid 1658 

205               justice  must  keep  full  record  and  preserve  papers 1659 

205                certiorari  may  be  awarded  to  circuit  court,  in  such  cases 1660 

Lien  of  Landlord  and  Laborer — 
251  (See  ''Agricultural  Lien  Laws.'') 

Lien  of  Mechanics — 

193                extent  of  lien  ;  purchaser  in  good  faith  not  effected 1603 

193  attaches  to  buildings  and  land — no  lien  except  employed  by 

owner 1604 

193                builaing  by  tenant,  land  not  liable 1605 

193  workmen  may  secure  wages  by  notice — proceedings 1606 

194  contract  recorded,  lien  att,  iclies  from  date  of  tiling 1607 

194                liens  on  wagon,  etc.,  to  repair — how  enforced 161)8 

194  how  suit  begun  ;  contents  of  petition  ;  limitation 1609 

195  parties  to  suit — all  interested  made  defendants 1610 

195                defendants  summoned — publication  for  non-residents 1611 

195                what  answer  to  contain  and  what  claim  set  up 1612 

195                issue  formed  and  tried  as  other  cases — new  trials  granted...  1613 

195  judgment  when  for  plaintiff  and  process  thereon 1614 

196  action  when  judgment  against  building  or  laud 1615 

196                sales  under  judgments  and  deeds 1616 

196                liens  on  same  property,  concurrent  liens 1617 

196          justice's  jurisdiction  in  these  cases 161S 

Lien  on  Merchants  and  Others — 
255  against  domestic  water  craft. Acts  1876,  ]i.  55 

Limitations  of   Actions — 
226  on  notes,  bills,  contracts  and  for  waste,   damage,   etc.,  six 

jears 2151 

226                on  open  accounts  three  years 2151 

226                slander,  assault,  battery,  talse  imprisonment,  one  year 2152 

226                on  judgment,  seven  years— no  execution  after  7  years 2153 

226                li  fa.  on  judgments  rendered  out  of  state 2154 

226  against  administrators,  on  judgments  against  intestates 2155 

227  what  disabilities  save  the  statute 2156 

227                rule,  when  i)arty  out  of  the  state 2157 

227                rule,  when  party  conceals  cause  of  action 2158 

227               judgments,  lien  on  property  only  seven  years 2159 

227  death  of  party,  how  effects  limitation 2162 

228  when  statute  begins  to  run  against  open  account 2164 

228                to  revive  barred  debt,  promise  must  be  in  writing 2165 

228                rule  as  to  joint  obligors  and  contractors  in  such  cases 2165 

228                law  of  limitations  to  apply  to  set-off 2160 

228                when  suit  for  penalties  and  forfeitures 2167 

shorter  time  limited  by  code  this  act  not  ia  ajjply  (see  code)  2108 

228  time  of  action  enjoined,  not  computed 2170 

229  not  to  apply  to  suits  against  banks,  on  notes  or  bills 2171 

229  on  bonds,  contracts,  etc.,  under  seal,  seven  years Acts  1873,  p.  42 

Live  Stock — 

164                levied  on,  mustbe  fed  by  officer — allowance 843 

Marriage  Ceremony — 

130               can  be  performed  by  justice 1''75 

Mayors — 

139  ex-officio  justices  in  this  State Acts  1876,  p.  33 

139                must  give  justice's  bond  before  exercising  jurisdiction p.  33^ 

139  may  compel  violators  town  laws  to  work  out  fines Acts  1876,  p.  3G>' 

140  can  release  offenders  fine  worked  out Acts  1876,  p.  40' 

can  act  as  notary  public,  seal  procured Acts  1872,  p.  147 


Index  to  Civil  Law.  403 

PAGE.  SECTION-. 

Marsiialls  of  Towns— 

139  cx-officio  constalilesin  this  state Acts  J8<b,  ]>.  .^.j 

139  must  give  constable's  bond Acts  1876,  p.  83 

Mills  and  Millers— 

214  liow  (lams  may  be  evfctod 1927-1934 

218                jienaltv  for  taking  toll  unless  established  by  law 1939 

218                shall  grind  grain 'well  and  in  turn— toll  allowed 1940 

218                jienalty  for  neglect,  how  recovered 1941 

218                hcaled  measures  must  be  kept 1^42 

218                "strike'  measure  the  rule 1^42 

218                roads  over  dams,  how  kept  up 1943 

218                not  applicable  to  i>rivate  mills,  operated  by  owner 1J44 

Minors — 

151  extent  of  jiarental  authority  over Acts  1870,  p.  32 

(See  "Infants.") 

over  14  years  may  choose  guardiau — mode 1232 

promise  of,  after  age,  to  ratify  debt,  must  be  in  writing 281^8 

not  subject  to  road  duty  under  18  years '-^350 

MORTGAGKS  — 

254  on  growing  crops Acts  18(G,  p.  113,  (J  11 

254  not  superior  to  landlord  or  laborer's  lien Acts  1876,  p.  114  g  11 

Motions— 

255  against  constables  when /o^-/»o 

attorneys  and  officers  collecting  money 523 

New  Trials — 

justice  may  grant,  and  how  (see  code) b4( 

Notary  Public — 
248  (See  "Justice  as  Notary.") 

Non-Suits — 

145                when  and  how  allowed  to  plaintiff u42 

145                not  without  consent,  when  set-off  filed 642 

149  how  granted  in  suits  against  copartners Acts  18(G,  p.  36 

Notices— 

served  on  attorneys,  valid  as  on  party --^oo 

1-55                five  days  to  party  to  take  deposition ^     1314 

157  ten  days  given  in  other  cases 788-791 

158  how  served  on  non-resident  without  attorney 792 

158               constable  shall  serve |798 

255                sales  by  constable  on  ten  days -^81 

170                how  given  in  sales  by  sheriff _        846 

182  to  be  "posted  in  attachment  against  non-resident Acts  1870,  p.  78 

183  ten  days  to  plaintifi'  to  give  bond,   sale  of  non-resideufs 

effects ]f^„ 

193  by  workman  to  secure  wages  on  building loUb 

197  officer  distraining  must  give  notice — how 1621 

201  to  determine  tenancy— how  given 16^0 

210  five  days  to  party,  on  householders  viewing  feice 190.) 

211  six  months'  notice  to  remove  joint  fence 1914 

212  five  days,  lo  party,  on  appraiser.s  to  value  wall 1918 

213  toownerof  fence'-breaking  stock,  taken  up 1922 

230  of  protest ■•■.•• ; ,,,._  Jr233 

232  of  endorsee  or  suretee  to  sue  principal— and  if  sued Zlm-JJXM 

Off-Set — 

See  "Set-off." 
Open  Account — 

142  itemized  copy  to  be  filed,    when    suit    brought oW 

if  sworn  to  before  suit  carries  judgment— exceptions ^  782 

229  when  statute  bars "-1G4 

rARTNERSIIIP — 

See  "Copartner."' 
Passengers — 

See  "Railroads." 


404  Index  to  Civil  Law. 

page.  section. 

Partition  Walls — 

212                Agreement  for,  verbal  or  written 1916 

'212                how  built  to— party  joining  to  pay  half 1917 

212                parties  disascreeiuV,  appraisers  to  assess  value 1918 

212                if  appraisers  fail,  or  exceptions,  new  ones  appointed 1919 

212                not  to  be  removed,  damaged  or  altered  1920 

Perishable  Property — 
145                court  may  make  order  to  preserve  from  waste,  decay  or  re- 
moval   661 

145  how  sold  when  attached 1466-1469 

Practice — 

140                suits,  how  commenced  and  process  thereon 1305 

340                plea  of  defendant,  when  to  be  made 1306 

140  how  cases  heard  and  judgment  rendered 1307 

141  justice  must  keep  docket  and  give  copies  of  entries 1308 

141                justice's  courts  are  courts  of  record 1309 

141                'justice's  may  sit  together  or  alone 1312 

141                justice's  judgment  bar  to  another  suit 1310 

141                fi.  fa.,  wlien  and  how  issued 1316 

141  when  suit  brought,  when  several  defendants 1320 

142  in  replevin,  attachment  and  mechanic's  lien  cases 1321 

252  in  agricultural  lien  law Acts  1870,  p.  110,  §  5-7 

143  consideration  of  sealed  writings  may  be  impeached 605 

144  excessive  verdict,  how  and  when  remitted 628 

144  papers  read  in  evidence  to  be  taken  by  jury    639 

145  referees,  when  issue  submitted  to 652 

145                referees  may  summon  witnesses 655 

145                action  vs.  ofecer  taking  property  under  attachment 658 

145                court  may  substitute  party  to  attachment  as  defendant 658 

145                if  attaching  party  non-resident,  how  summoned 659 

145                when  defendant  may  pay  money  in  court,  with  plea 660 

145                effect  of  such  payment 660 

145  justice  may  order  perishable  property  preserved 661 

146  infants  or  minor    may  sue  by  next  friend 669 

146                assignee  maj'  sue  in  his  own  name 670 

14(3                if  party  to  suit  dies,  administrators  prosecute  or  defend 677 

14G  effects   of   refusal— judgment  vs.   administrators,   same   as 

agaiust  deceased 67/ ■ 

146                administrator  may  continue  suit  if  plaintiff  dies 6^& 

146  administrator  must  appear  or  suit  dismissed _. —  6/9 

147  judgment  against  several  and  one  dies,  how  received 6^:0 

147  in  suits  by  or  against  husband  and  wife,  effect  of  death  of 

either ^ •. 682 

147                action  or  judgment  received  against  or  favor  of  survivor....  b»d 

147                af&davits  may  be  made  agent  or  attorney 687 

•147  tow   disputes   adjusted  between  owner    and    taker-up    of 

estrays ^^° 

147  when  dispute  about  marks  and  brands  of  stock oOo 

148  suits  vs.  administrators,not  to  be  brought  before  six  months  1184 

148  how  suit  brought  for  recovery  of  wife's  property 1783 

149  two  attorneys  on  a  side  may  argue— exception 2254 

149                notice  served  upon  attorney  valid  upon  party ^2o5 

149  to  revive  suits  at  law  or  in  equity .......Acts  18/u,  p.  112 

150  heirs  may  be  admitted  to  defend  suits  vs.  adminis- 

trator : Acts  1874,  p.  lo 

149  in  suits  vs.  copartners,  plaintiff  may  dismiss   as  to 

one  or  more ^'^^^}flp  P"  o- 

149  jury  may  render  for  some  and  againstothers Acts  18£b,  p.  3d 

150  new  trials  only  granted  to  those  injured  by  verdict...  Acts  1876,  p.  3d 

Pleas— 
142  of  payment  and  set-off— judgment  in  such  cases 


180 


601 

in  abatement  to  attachment  shall  be  sworn  to -i^W 


Index  to  Civil  Laiu.  ^05 


Prkservation  of  Game  and  Oystkus— 

206  board  of  supervisors  to  preserve '^J-^ 

207  ordinances  on  this  subject  to  be  ])ublislicd JWU 

207  justice  to  enforce— penalty  for  l)reacli ^^f} 

207  {;ame,  boat-^,  nets  of  violators  to  be  seized ioJ^ 

207  persons  violating  to  be  taken  before  justice loJ^ 

207  liow  game  <ir  articles  seized  disposed  of }^^ 

321  i)oisoninor  fish,  penalty • ■  ''°/'' 

824  tish  in  Pearl  river Acts  lb/7,  p.  dl 

208  (See  Game  Acts  of  ISTlJ.) 
Process  and  Mode  of  Servicf— 

140,  151  process,  how  issued,  served  and  returned loUo,  1-jII' 

151  otlicers  to  execute— special  person  deputed loll 

152  style  of  all  process  iu  this  state 'J^^ 

152  oaths  of  issuance,  prima  facia  evidence tJJl 

152  ante-dating  process— penalty  for ^J^ 

140,  152  summons,  lirst  process l^Oo,  Wo 

152  clerk  (or  justice)  must  state  nature  of  suit  on  process 0J4 

152  mode  of  computing  time  of  service V,";!,' 

152  i)rocess  to  other  counties,  how  officer  to  endorse 'jJ7 

152  the  four  modes  of  serving  process '0* 

153  forms  of  return  for  each  mode i*^^ 

153  how  process  served  of  railroads,  corporations,  etc IW) 

153  how  served  on  infants ■  '^f 

154  partners,  service  on  one  good  against  all Acts  loiO,  p.  do 

153  officer  cannot  deny  his  return,  parties  may j^OY 

153  how  return  amended -•  l^ 

153  i)roce?s  not  void,  though  directed  to  no  officer l]^ 

153  scire  facias  to  any  county ;  defendant  not  found;  publication  no 

153  alias,  pluries  testamentum  or  attachment  can  issue '1^ 

153  what  days  included  and  what  excluded  in  serving ■-••3/ 

Promisory   Notes — 

229  what  writing  constitutes  one '^^' 

229  assignment  of  writings  for  payment  of  money '^^ 

229  ctfect  of  money  tendered  by  surety  or  endorser 'T£zf\ 

230  what  writing  constitutes  bill  of  exchange '^-^ 

230  what  damages  allowed  on  foreign  bills  protested *-"^31 

230  no  damages  accrue  on  domestic  bills  protested 'zbwi 

230  how  bills  protested,  form,  notice  to  drawer ^J^>' 

230  if  bill  lost,  drawer  being  secured  shall  give  another _^_^o4 

231  bill  taken  for  previous  debt,  is  full  payment .^yi'- 

231  any  party  to  bill,  note,  contract,  etc.,  may  be  sued '-~^^^ 

231                where  suit  brought,  founded  on  bills  and  notes '-'f^^ 

231                representatives  of  dead  parties,  how  joined  and  sued 2238 

231                various  defendants,  duplicate  writs  issue,  how  endorsed 2239 

231                suits  may  be  discontinued,  as  to  certain  parties -'-'40 

231                verdict  tor  some,  against  others,  how  rendered ^~^\ 

231                principal's  goods  exhausted,  before  levy  on  endorser 2242 

Protest — 
229-248        See  "Promissory  Notes"  and  "Justice  as  Notary." 

PUBLICATIOX— 

182  in  justices'  court  shall  be  by  posting Acts  18i6,  p.  ir 

Purciiaser-s — 

160                shall  take  property,  sold  under  execution,  free  of  liens o3i 

P1.AILROADS— 

240                rate  of  speed  through  towns,  penalty. 'T,iT,t 

240               locomotives  to  have  bell  ring  at  crossings '7}u'i'> 

240                not  to  obstruct  travel  on  crossings ~  T-f' 

240                warning  sign  at  crossings,  effect  of  default .""^i^ 

240                penalty  for  injury  to  warning  sign ~^^^ 

240  freight  not  called  for,  how  sold  and  proceeds  disposed  of 242/^ 

241  gradesand  bridges  made  at  crossings,  penalty -428 

241                liable  for  any  neglect  and  mismanagement  of  engine '2429 


406  Index  to  Civil  Law. 

r.VGE.  SECTION. 

Railroads — 

241  shall  receive  bagsage,  give  check,  and  keep  till  caUed  for 1^910 

242  double  damages  injuring  checked  baggage 2'Jll 

242                liable  for  injury  of  agents 2912 

242  agents  liable  for  willful  violation 2912 

243  must  report  person  jumping  on  cars Acts  1875,  p.  31-32 

21S  engineers  becoming  intoxicated — penalty Acts  1875,  p.  33 

243  burden  of  proof  en,  for  damage  to  persons  or  stock Acts  1876,  p.  34 

Referees — 

145  when  apjjolnted  to  try  issue  and  settle  accounts 652-653 

See  "  Practice.'' 
Rent — 

See  "Landlord  and  Tenant." 
Replevin,  Action  of — 

186                in  what,  cases  lies — limitation  of  action 1528 

186  afSdavit  before  writ  issues 1529 

188                writ,  its  command,  property  returned  on  bond  given 1530 

187  defendant  failing  two  da.ys,  plaintiff  may  bond ..  1531 

187                declaration,  when  filed,  tried  at  first  term 1532 

187                plea  in  replevin,  "not  guilty" ■. 1532 

187               judgment,  when  defendant  has  property 1533 

187                valuation  of  otficer,  prima  facie  evidence 1533 

187                proceedings  where  either  party  makes  default 1534 

187  where  surety  on  bond  dies :.  1534 

188  execution  and  distringas,  when  issued 1535 

188                proceedings  to  perfect  insufficient  bonds 1536 

188                liability  of  officer  for  bad  bonds,  amendments 1537 

Roads,   Ferries  and  Bridges — 

234                overseer  of,  may  appoint  one  to  warn  hands 2354 

234  duty  of  one  appointed,  he  is  exempt 2354 

235  hands  to  bring  tools  ordered,  credit  therefor 2355 

235                penalty  for  default,  delinquent  list 2355 

235                penalty  on  defaulter,  how  recovered 2356 

235  bond  of  defaulter,  action  and  judgment 2356 

236  commutation  money  for  work,  $1  50  per  day 2357 

236                overseer  receive,  also  money  collected  by  justice 2357 

236                pienalty  on  overseer  for  embezzlement 2358 

236                no  obstruction  to  roads,  penalty  for 2361 

236  injuries  to  bj' high  water,  how  repaired  2360 

237  road-side  hedges,  how  trimmed,  dut\'  of  owner 2362 

237                overseers  must  measure  and  post  roads 2363 

237                posts  displaced  or  desti-oyed,  replaced,  penalty , 2364 

237                guide  boards  at  road  forks,  penalty  for  failure 2365 

237  cost  of  posts  and  boards,  how  paid  for 2366 

238  mode  and  speed  of  travel  on  roads,  penalty' 2370 

238                speed  and  travel  over  bridges,  penalty 2378 

238                toll  to  be  paid,  penalty  for  extortion 2380 

238  ferry  tolls  and  rates  to  be  posted,  penalty  for  omission 2382 

239  penalty  on  ferryman  for  bad  boats  and  banks 2383 

239                duty  of  ferryman,  fines  against,  how  collected 2384 

239                can  put  disorderly  persons  out  of  boat 2385 

239                right  of,  on  stream  dividing  counties 2386 

239                fine  for  obstructing  such  right 2386 

Remitter — 

144               how  and  when  in  excessive  verdict 628 

cures  error 628 

Sales — 

1C9                on  ten  days  notice,  allov("ed  for  keeping  s':ock 281 

105                of  land  on  judgment  from  justice,  how  made 1319 

169                of  personalty  how  made 1345 

Stock — 
324  to  encourage  the  breeding  of  good Acts  18*7,  p. 93 


Index  to  Civil  Law.  407 


PAGE. 

Vendi  Exponas,  when  Issued  by  Justice— 

18''  of  perishable  property  in  attachment,  how  made... i-*"" 

175  ),v  sheritr  on  execution,  how,  when  and  where  niade... »40 

\m  sherilf  shall  examine  jud<^mentroll  and  pay  oldest  judgment  ^ 

170  notice,  how  piven  by  slierift y^^ 

170  where  sales  postponed  or  continued...... 

165  undivided  interests,  how  and  when  sold 

149    "'^'^uUrinl^ituted  and  revived  for Act  March  3d,  18TG 

153    ^''""^  for  reA'l7al  of  iudgments  or  suits,  issued  to  any  county 71.5 

153  if  defendant  not  found,  publication  to  be  made -  ^^^ 

against  defaulting  witness 

Sealed  Instruments—         ,     ,  ,       ,  605 

143  consideration  of,  attacked  by  pica ,^,.,-. 

229  scroll  makes  them  such 

Set-Off—  .  igQQ 

140  must  be  filed  before  trial  commences ••  ••• 

140  judgment  for  defendant,  balance  due  on  set-ott rm-tm 

142  when  allowed  generally  and  how  pleaded........... •• p'ta  -wk 

146-229        existing  at  date  of  assignment,  not  prejuai^ced  therebj 0<U- — o 

Sheriffs—                                        .  ^on 

shall  execute  process  from  justice 

Stay  of  Execution—  -j^o^.. 

how  granted  by  justice • ,'.jn 

a  waiver  of  writ  of  error  and  appeal -^g.^ 

167  proceedings  on,  in  claimant's  issue 

Statute  of  Limitation — 
226  See  "Limitations  of  Actions." 

SUBPCENAS —  ,  ,  ,     .  iniQ 

l.-,5  iusticc  shall  issue— returnable  on  a  day  certain.. ^^  ^ 

served  personally-how,  if  defendant  not  lound '«* 

1.54    ^""^''^hi'^omputing   service  of  process,   when  included  and   ex-         .^^^^ 
eluded  

Sureties —                                                       .„  Af-tslSTr)  d  8 

127  on  official  bonds,  how  they  shall  qualify Acts  is .  ,,  p   . 

129  full  form  of  oath  of ^^^^  ^^'^'  ^'■ 

Sureties  and  Joint  Debtors—  ^^^.jV 

232  may  give  notice  to  sue  principal _•••• •• -.^-o 

232  effect  and  proceedings  if  sureties  pay  judgment --^^ 

232  may  tender  payment  and  sue  for  own  use -^^^ 

233  not  to  sutler  judgment  by  default.. . 

233  notice  by,  to  principal,  if  sued-elfect  of  tailure --^ 

233  not  liable  on  judgnfent,  before  principal  s  goods  exhausted.  2;-bl 

233  this  act  applicable  to  justice  8  courts...... -- 

233  creditor  may  release  one  or  more  jointdebtors 


Tenant — 


See  "Landlord  and  Tenant,"  and  "Agricultural  Liens." 


196 

Timber — 
244  See  "Trespass. 


244  damages  for  cutting  certain  trees,  how  recoveied - 

244  damales  for  cutting  live  o.ak  and  how  recovered. 


SI  dlm^l      ^r  c;\un^  ^A^^am^^.Ld  trees  and  how  recovered...  ^ 

2li                damages  for  destroying  ornamental  shrub,  bush  or  plant -4._> 

245      •          damages  to  enclosed  fruit  trees,  how  recovered. -^_^ 

245                penalty  for  removing  boat,  etc.— how  recovered -^.,^ 

■245               limitat'ion  of  action  under  this  law. ..........•••• -  oq 

-245                for  cutting  trees  on  state,  trust  "V*'  1°     ffo  ,  ^f'^lon 'g07 

on  lands,  what  defendants  mny  plead-effect  of  plea w. 


408  Index  to  Crimincd  Law. 

PAGE.  SECTION. 

Trespass  by  Stock — 

213  over  lawful  fence,  owner  liable — how  damages  assessed 1921 

213  fence-breaking  stock  may  be  taken  uj)  and  detained 1922 

213  owner  to  pay  expenses 1922 

213  sufficiency  of  fence,  in  suit,  examined 1923 

213  condition  of  fence  shown  in  mitigation 1923 

214  damages  for  injuring  stock,  fence  unlawful 1924 

214  damages  for  throwing  down  fence,  bars,  gate,  etc 1925 

V.VCANCTES    IN    OFFICE  — 

255  of  constable,  how  filled 279 

138  of  justice,  how  tilled 1299 

138  removal  from  district  vacates  office 1301 

137  office  vacant,  or  justice  incompetent,  where  suit  brought 1340 

Venie — 

244  of  suits  against  railroad ; y^cts  1873,  p.  82 

against  steam  boats Acts  1875,  p.  124 

Verdict — 

144  excessive,  how  and  when  remitted 628 

144  remittur  cures  error 628 

Water  Courses — 

214  how  dams  may  be  built  for  mill  purposes 1927-1934 

217  illegal  obstruction,  how  removed — duty  of  justice 1935 

217  householder  summoned  failing,  is  fined 1936 

217  penalty  for  renewing  or  obstructing  dams 1937 

218  not  to  bar  private  action 1938 

Witnesses — 

155  justice  shall  issue  subpoena  to  his  county '. 1313- 

155  penalty  on  defaulting  witness 1313 

156  may  attach  defaulting  witness  and  enter  judgment  nisi 1313 

156  parties  to  suit  may  testify •^'21''? 

156  i)arties  to  record  and  interest  admitted  as  witnesses 75tj 

155  if  witness  resides  outside  county  limits 1314 

156  party  may  force  adversary  to  give  evidence 757 

156  when  party  can  testify  to  claim  against  decedents 758 

156  husband  and  wife  witnesses  for  each  other 760 

156  six  names  onlj' in  one  subpoena 761 

156  how  subpoenas  served  on 7G4 

157  scire  facias  issues  on  fine  of 767 

157  may  sue  party  calling  him  for  pay 770 

167  refusing  to  be  sworn  and  testify,  imprisoned 777 

157  can  be  examined  to  his  interest,  or  crime 778 

157  court  to  decide  when  excused  from  answering 778 

157  what  crimes  exclude  from  testifying 779 

157  in  another  county  may  demand  pay  before  appearing 781 

159  •P''*y  ^^■.  when  not  allowed  attorney 2252 


INDEX  TO  LAW— AS  A   CRIMINAL   COURT. 


• 
Actionable  Words — 

what  words  are  made  so 1973 

jury  sole  judges  of  the  damages 1973. 

Advertisements — 

penalty  for  pulling  down 2830 

Affidavits —  ' 

not  held  bad  for  want  of  form 2803-2804 

Amendments — 

made  to  indictments  or  affidavits 2803-2804 


Index  to  'Criminal  Law.  409 

PAGE.  .  «^"'«-^- 

Appeals—  ,oo- 

275               bond  for,  ami  liow  tried ^"'^^ 

\  R  It  E  S  T  S 

272    '          by  what  officers  made,  by  private  persons 27_<S 

272               duty  of  all  persons  to  aid  officers j^jj, 

272  may  be  made  to  i)revent.  crime "-ii^J 

273  when  made  without  warrant ••  -ij.^ 

273                 when  without  warrant,  must  be  told  the  cause,  exception Iti^ 

273                doors  and  windows  broken  to  make oi-u, 

273                escaped  oli'enders  pursued  to  any  county -'^^ 

273                arrested  party  to  be  at  once  taken  before  officer -j£'^ 

273                officer  making,' lawful  arrest  not  liable '^i^^ 

273                fees  of  persons  making ^i^- 

273                in  dangerous  woundings,  offender  kept,  exception f'^ 

273  reward  for  arresting  murderer -^'^^ 

Assault  and  Battery— 

274  insulting  words  given  in  evidence  in  extenuation ^o/i 

Attorneys  at  Law — 

number  to  argue  in  criminal  cases -^"'j 

299                proceedings  against,  for  failing  to  pay  over  money '-'^^■> 

Bail  Bonds —  . 

275  may  be  granted  by  justice  or  officer   arresting t^oy 

275  mittimus  to  name  bail,  sheriff  to  take  bond i''-a(\ 

276  how  bonds  and  recognizances  made  payable ^j,y'j 

176                proceedings  on  forfeited  bonds,  judgment  nisi f'Ji^ 

277  no  discharge  on  defective  bond  or  recognizance f^l^ 

277                by  whom,  and  when  taken,  proceedings  in  default 'l'.)ii 

Bonds—  . 

for  appeatauce,  valid,  though  not  inform ^-* 

when  taken  for  ajipearance  before  justice  lo^^ 

276  When  given  in  criminal  cases  for  ajipearance 2(0(-2/yi- 

Brands  of  Stock— 

penalty  for  unlawfully  making  or  altering ^outs-_.juj 

Brokers —  .,_  „ 

316                acting  as  such  without  license — penalty -'^^ 

Bridges —  ^ 

238                driving  over  fasier  than  a  walk — penalty — J'*^ 

Challenges — 

of  jurors  in  criminal  cases ^^!?i 

olO  to  tight  duels,  penalty  for  sending  and  carrying lo<A-Zo6o 

Church  Buildings  and  Churciifs —  . 

321                penalty  for  injui-y  to,  or  defacement  of '-iy/^ 

disturbance  of  church  services — penalty -'I'J 

Constable;? — 

284                must  sec  that  laws  are  enforced  for  retailing  liquors .^^b* 

255  failing  to  execute  and  return  execution '-^ 

'2b<6               failing  to  pay  money  from  execution  on  demand 283 

256  making  false  return  on  any  process -"^ 

Conservatives  of  the  Peace-- 

258                all  justices  are  such ---^ 

Civil  Rights —  , 

accommodation  of  travel  free  to  all  citizens o-q.i 

penalty  for  infringing  or  abridging  this  right J.  tk 

292  see  new  law  and  substitute Acts  1873,  pp.  6b-bJ 

Construction—  . 

265  of  terms  used  in  criminal  laws -^J'^  -oou 

Contagious  Diseases —  ,^_ 

316                offence  to  import — penalty  therefor -ilJ 

Continuances  of  Cases —  _ 

facts  admitted  on  application  for -^0^ 

144                what  affidavit  for  to  contain ^^^ 


410  Index  to  Criminal  Law. 

page.  section. 

'  Corporations — 
277  see  "Process  ap;ainst  Corporations." 

Costs — 

2G1  in  criminal  matters,  when  paid  by  state 2888 

convict's  property  liable  for  cjsts — exceptions 2851 

331  see  "Fee  Bill"  in  full Acts  1875,  p.  137 

Corn — 
316  sellin<^  or  buying  from  sundown  to  sunrise Acts  1876,  p.  263 

Cotton — 

316  false  packing  of— penalty 2720 

316  selling  or  buying  in  seed  from  sunrise  or  sundown. ..Acts  1876,  p.  263 


Crimes  and  Misdemeanors,  Punishable  by  Fines  Alone. 


259  Advertisements — pulling  down  any  legal  one 2830 

302  Auctioneer — acting  as,  not  appointed  or  qualified 1733 

285  Bar  Room — keeping  open  on  Sunday 2471 

304  Banks — receiving  deposits  as,  not  authorized  by  law 2499 

304  Bank  Bills — passing  less  than  $5  not  U.  S.  currency 2503 

305  Billiard  Tables — keeping  for  yublic  play,  unlicensed 2614 

305  Bridges,  Etc. — obstruction  or  injuries  to,  or  ferry  or  causeway...  2620 
256  Constable — failure  to  discharge  any  duty 286 

303  Court  House — injury  to  or  defacing 243 

302  Count?  Officers — acting  before  oath  or  bond 320 

286  Candidates — treating  to  intluence  votes 2693 

304  Deposits — receiving  not  authorized  bylaw 2501 

307  Drunk — in  public  place 2883 

306  Fire  Hunting — at  night,  except  on  your  own  land 2740 

307  Fighting — on  account  of  betting  or  gaming 2832 

304  Gaming — tavern  keeper  permitting  on  premises 2601 

305  owner  of  houses  permitting 2602 

307                fighting  or  challenge  to  fight,  on  account  of 2832 

217  Householders — failing  to  attend  inquest  of  dams,  etc 1936 

192  Justice — failing  to  attend  in  unlawful  entry  and  detainer 1599 

306  Landmarks — cutting  down,  injuring  or  removing. 2711 

285  Liquor — merchants  and  traders  giving  away 2470 

286  selling  same  to  minor 2692 

287  selling  within  two  miles  of  church  during  service 2834 

805  Lotteries — or  selling  tickets,  or  prizes  or  prize  boxes 2605 

303  Money — issuing  notes,  etc.,  to  circulate  as 2498 

304  issuing  or  passing  notes  as,  not  authorized 2502 

287  Officers — any  neglecting  to  arrest  violators  of  ?  2834 2835 

'281                refusing  or  neglecting  to  return  violators  of  law 2889 

305  Overseer  of  Roads — neglect  or  refusal  of  duty  by 2G21-2625 

301  Process — failure  of  deputy  sheriff  to  endorse  and  return 223 

301                failure  of  sheriff  or  dej^uty  to  execute  and  return 22-? 

301                false  return  of,  by  sheriff,  deputy  or  coroner". 226 

235  Road  Hands— default  by 2356 

242  Railroads — agents  of,  violating  chap.  6,  Rev.  Code 2912 

285  Sunday — keeping  open  bar  on 2471 

306  working  or  laboring  on 2679 

306                keeping  open  store  or  selling  on 2680 

306                exhibiting  games,  or  horse  racing  on 2681 

306                hunting  or  fishing  on 2683 


Index  to  Criminal  Law.  411 


PAGE. 


SECTI(y»'. 

307     Schools— or  literai-y  societies,  disturbing;  or  inolestinj;; 2.47 

307    SvvKARiNG — or  cursing;  in  public  place 283-^ 

302  SiiERirF— or  tax  collector,  wilful  failure  or  neglect  of  duty 1729 

307  exchanging  money  for  certificates Acts  18i4,  p.  11 

303  Telegraph  Companies— refusal  to  comply  with  orders  2431 

302    Vessels— or  boats  bringing  to  this  State  vagrants 1980-1990 


Crimes  and  Misdemeanors,  Punishable  by  Fines  or  Imprison- 
ment, or  Both. 


308    Adultery— or  fornication,  unlawful  cohabitation 2486 

315    Animals— nlalicious  killing  or  injuring 2708 

322    Auctioneer — not  furnishing  sworn  statement  of  sales I'-'l 

312  Betting — on  election,  fight  or  any  game ■• 2o98 

?>V1               such  betting  by  any  officer 20'|'^ 

313  keeping  any  game  for,  or  interested  in  them ^f'OO 

313                money  staked  or  bet  liable  to  seizure... 2603 

313                0])posing  seizure  of  money  bet  on  election 2tj04 

313                with  minor,  or  permitting  him  to  bet •^606 

315  Bonds— penalty  for  approval  of  insufficient Sjc.  4,  Act  18(6,  p.  9 

313    Billiard  Table— keeping  for  public  play,  unlicensed 2616 

ol.j    Broker — acting  as,  without  license -'!" 

Butcher— must  keep  book  of  stock  purchased Acts  18/5,  p.  21 

311     Counterfeiting — of  private  stamp  or  wrappers J-'^Q^ 

311                having  such  stamp  with  intent  to  use 25% 

311                vending  goods  with  false  stamp  or  label ••  2o97 

319    Candies— making  or  selling  adulterated Acts  1876,  p.  2i3 

292     Civil  Rights— violation Acts  1873,  pp.  06-69 

316  Cotton — false  packing liJj^ 

316    Cotton  Weigher— false  certificate  by Acts  1872,  p.  96 

322    Chancery  Clerk— failure  to  post  Treasurer's  Report 1379 

321    Churches — or  school  houses,  defacing  or  injuring 2<46 

319    Cutting  Timber — without  consent  of  owner 2*33 

217    Dams  and  Obstructions — violation  of  §  1935 1937 

821    Dogs — stealing  one '-^'■-* 

310    Duelling— sending,  receiving  or  carrying  challenge  to  fight 2531 

310                person  or  second  using  deadly  M'eapon  in  light '^ii-A 

308  Elf.ctions — frauds  in,  and  disturbing '--f'j'j 

309  illegal  votingat ^-r?;^/ 

309                inspectors  of,  reading  ballots,  etc -'J'^'' 

309                inspectors  not  keeping  key  and  ballot  box,  etc T,^^ 

309                not  requiring  proof,  voter  challenged 7i-}> 

309  keeping  troops  at  voting  places -•^l'* 

310  Esc.\pes — assisting  convict — offense  less  thanfelony '--J-Ji 

310  assisting  arrested  prisoner h?rr 

311  negligently  allowing  arrested  prisoner  to  escape J--jJ-j6 

211                careless  guarding,  or  conniving  at  prisoner's  escape '-•>:)< 

311                from  jail ^^'^ 

314    Exhibiting  Deadly  Weapon — not  in  self-defense 2699 

319    Executions— refusing  to  point  out  property  subject  to Acts  1876,  p.  25 

Fke — taking  under  color  of  office,  not  authorized 2(11 

321     Fish— poisoning,  without  consent  of  owner 2S(b 

319    Gift  Enterprises — and  the  like 2i34 


^12  Index  to  Crifninal  Law. 

PAGE.  SECTION, 

207    Game  and  Oysters — violation  of  ordinances 1891 

316  Infectious  Disease — importing  same,  or  small-pox 2719- 

323    Insurance — without  license 2453 

279  Justice  of  the  Peace — failing  to  pay  over  money,  etc 1339 

280  failing  to  pay  fines 1342 

313    Larceny — under  ten  dollars 2653 

315    Libel — oi*  speaking  any  actionable  word 2706 

285  Liquor — selling  without  license,  etc 2690 

286  selling  or  keeping  open  bar  on  Sunday 2691 

286  owner  of  house  permitting  sold,  unlawfully 2694 

286  selling  or  bringing  into  prisons,  etc 2696 

320  Lottery  Tickets — or  gift  tickets,  selling  or  exposing  for  sale 2735 

325    Malicious  Injury — to  animals  or  other  property 2708-2709 

317  Masked  OR  DijGuisED  Persons — prowling  about « 2722 

317  associating  with  such  persons 2725 

317  refusal  to  unmask  on  demand  of  officer 2726 

317  refusal  to  assist  in  arrest  of  such  persons 2727 

317  neglect  of  officers  to  arrest  such 2728 

280    Marriage  Service — performing  without  license 1759 

305    Mile  Posts — or  boards,  defacing  or  pulling  down 2622 

318  Minors — penalty  for  decoying Sec.  2,  Acts  1876,  p.  33 

313    Mortgaged  Property — removal  or  sale  of Acts  1874,  pp.  54-55 

313  removing  beyond  the  State 265& 

310    Office — exercising  before  oath  and  bond 254& 

308    Offering  Bribes — to  vote 2515 

285    Officers — failing  to  pay  money  receivel  for  license 2469' 

323  neglecting  or  refusing  any  duty 2890 

236    Overseer — of  road,  failing  to  apply  money  received 2358 

318    Penning  Cows— of  others  to  milk  without  consent Acts  1876,  p.  213 

—  Poor  House — refusal  of  superintendent  to  give  up Acts  1872,  p.  129 

307  Privileges — exercising  any  without  license 1750 

314  Propkrty  Liable  to  Judgment — removing  beyond  State 2659 

refusing  to  point  out Acts  1876,  p.  25 

805    Public  Road — obstructing  by  trees  or  bushes 2623 

315  Putrid  Meats — selling  or  offering  to  sell 2704 

313  Railroads — or  plank  roads,  obstructing,  e*c 2626 

242  certain  penalties  against  agents Acts  1874,  pp.  31-32 

243  minors  and  others  jumping  on  cars Acts  1875,  pp.  78-79 

321  .Facing  or  Shooting — in  streets  or  public  roads 2870 

322  Sheriffs  or  other 'Officers — unlawful  claims  to  supervisors lo7& 

321  Shooting  or  Rac'ing- -in  sti'eet  or  public  road 2870 

305     Stream  or  Bay — obstructing  navigable 2624 

322  Supervisors — members  voting  for  unlawful  claim 1379 

g22  not  to  have  interest  in  contracts  by 1389-1393 

322  taking  contract  to  build  bridges,  &c  1390 

allowing  pay  to  discharged  superintendents Acts  1872,  p.  131 

assessing  over  90  per  cent,  of  county  taxes Acts  1873  p.  77 

308  Telegrams — disclosing  contents,  or  failing  to  deliver 2436 

314  Telegraph  Lines — wanton  injury  to 2702 

315  injuring  or  obstructing 2435 

323  must  use  for  State  in  cases  of  riot,  &c 2434 

321     Treasurer — willful  failure  to  report  each  meeting  supervisors 1377 

308     Vote — offering  bribe  to  induce 2?^^ 

308  using  threats  to  induce 2316 

2^59    Vagrants — definition  of  and  jumishment 2837-2838 


Index  to  Criminal  Law.  4:13 

SECTION. 

STwEAPON-cxlubitiug  deadly,  not  ia  self-defense >,  '^099.  Acts  1875,  p.^197 

320  Woods— setting  fireto ,      ;^ 

314    Will— altering,  destroying  or  secreting -^_ 

321  Doos— stealing  made  larceny 

297    DROVER-see  "Penal  Suits  triable  by  justice. '  ^^_      ^^_ 

308  ELErrioNS-fraud.s  and  disturbances  at,  penalty """'^^ 

309  iUeg=tl  voting   penalty ■•;;-;;  ^ 

309  penalty  on  oftcers  for  frauds 2;J39-2M(» 

oQi)  for  tampering  with  ballot  box ,,.., 

30q  not  requiring  vote  to  produce  certiticate ,;^^^ 

309  knowingly  taking  illegal  votes -,^.^ 

refusing  legal  votes ■•..•. ._,-^^ 

309  keeping  troojis  at  voting  places -    ^ 

preventing  electors  from  voting » .^.^j. 

refusing  to  register  a  voter 

Embezzlement —  ^        .       .,  n        iif„i.«;oc 

see  title  "As  a  Court  of  Inquiry,    for  all  felonies. 

Escape  of  rRisoxERs—                            _  _  ,^..^ 

carrying  implements  of  escape  in  jail • -'.'..^ 

iorcible  rescue  of  prisoner ,^U^ 

attempting  to  escape .J-g^ 

•310  aiding  escape  from  custody  ot  otbcer....... 

311                private  person  permitting  escape  Irom  him -J^„ 

311                oflicer  delaying  to  execute  warrant -..-. 

511                officer  receiving  gift  for  escape.. _....• -_^-^ 

'^G->                escaped  prisoner  taken  though  term  expued ^ 

penalty  on  prisoner  for  escape 

EsTRAY   Law— 
290  any  one  violating 

274     ^'"'"''SJof  notes,  bills,  bonds  and  how  ascertained ^ 

•I74  papers  to  establish  perjury,  detrained  by  court j^ 

274  subpa^nas  in  vacation  for  grand  jury-how ^^.^ 

274  insulting  words  is,  in  assault, and  oattery 

see  "Witnesses.' 

"^"''"p^naltT  for  refusing  to  point  out  property  subject  lo...Aftts  1870,  p.  2-3 

Extortion—  2712 

by  public  officer— penalty • Vnia'iHiK'n  137   i>  14 

344  in  the  matter  of  taking  fees  or  costs Acts  lb/o,p.io-,  i  j-± 

Fees—  ,  .  ,  2782 

273  to  officers  and  others  making  arrests...... amTVsT.V'ti  137  iJ  14 

344  penalty  for  taking  others  than  in  fee  bill... Act^  lb<o,  p.  lo.  i  y-t 

Ferries —  ,      r          ,     i-  ''380 

238  rates  of  toll  fixed— penalty  for  ex  ortion -^^, 

238  rates  to  be  posted— penalty  tor  failure  -.^- 

239  boats  and  landings  to  be  sate— penalty  -^^ 

y39  first  come,  first  served— penalty ••• -.^g^ 

300  persons  forcing  themselves  into— penalty -^^^ 

300  hindering  or  molesting  landing  ot  boats 

Fines  and  Forfeitures- 

how  insolvent  discharged  from  jail 2840 

'  260  to  be  paid  over  by  justice.... V".".'"; A^V«'iS7t;  n   39 

lis  to  be  worked  out  on  streets  m  towns  and  cities Ac  s    8<b,  p.  3.^ 

justice  must  report  fines  to  grand  jury Acts  I&/O,  p.  o- 

Fire  IIitntino—  0740 

300  made  unlawful— penalty 

Firing  Woods—  0741 

320  unlawful— penalty 


Jrli  Index  to  Cjdjniihal  Law. 

page.  section. 

Fish— 

321                poisoning  thern — penalty '2876 

Flour — 
315  unwholesoiDO— see  "Penal  Suits  Triable  by  Justice." 

Former  Acquittal — 

261                how  and  when  plead 2881 

Fugitives — 

from  justice  from  other  States,  how  delivered  up 2868 

Gamblers — 

259  treated  as  vagrants 2831 

Gaming — 

312  defined  and  penalty 2598-2616 

307                penalty  lor  assault,  for  money  lost  or  won 2832 

Gift  Enterprises — 

319  prohibited— penalty '• 2734 

320  selling  tickets  for 2735 

Grand  Jury — 

to  inspect  justice's  transcript  of  fines Acts  1876,  p.  62 

Guards  FOR  Jail — 

when  and  how  provided 2850 

Haavkers  and  Pedlars — 

298  hawking  and  peddling  without  license 1739 

299  refusing  to  show  license 1740 

Horse  Racing— 

267               not  unlawful  to  bet  on 2609 

321  penalty  for,  in  streets  or  public  roads 2870 

Insane  Persons— 

260  when  criminals,  how  disposed  of 2bH-28<9 

Inspection  of  Provisions— 

299                selling  tainted  or  unwholesome  flour,  penalty 2712 

299  selling  barrels  flour  less  than  full  weight 2273 

300  selling  without  standard  weights  and  measures 2274 

300  inspector  receiving  unauthorized  fee _  2276 

inspector  appointed,  duties,  penalties 2205-2276 

Jail — 

276                not  safe,  prisoner  i'emoved  to  another  county 2/90 

Juries— 

155               may  be  demanded  by  defendant 1330 

Jurisdiction — 

256                criminal  jurisdiction,  its  extent _. Io04 

256  equal  with  circuit  court  in  penalties  of  fine   and  imprison- 
ment in  county  jail 1304 

257  in  criminal  matters,  where  vested 2750 

257                local  jurisdiction  in  county,  of  offence,  exceptions 2751 

257                of  offences  in  county  where  consummated 2752 

257                of  offence  commenced  here  and  finished  out  of  State 2753 

'257                where  offences  partly  in  one  and  in  another  county 2754 

257                in  larceny,  in  county  where  property  found 2755 

■  Justice  of  the  Peace — 

278  must  preserve  books  and  turn  over,  penalty 326 

279  failure  to  pay  money,  how  proceeded  against 1339 

279  failure  to  deliver  up  docket 1341 

280  failure  to  return  fines  received 1342 

280                marrying  ])ersons  without  license 1^59 

280                failure  to  return  marriage  license  1761 

280                gambling  or  betting,  and  using  public  money  therefor 2o99 

280  extortion  under  color  of  ofiice .• 2712 

2^*1                neglecting  to  return  those  committing  offences 2889 

192  failure  to  attend  suit  of  unlawful  detainer _       1599 

281  must  present  transcript  of  docket  to  grand  jury Acts  1876,  p.  62 

844  taking  fee,  otlier  than  in  fee  bill Acts  18(.5,  p.  lo4  §  14 


Index  to  Criminal  Law.  415 

PAGE.  SECTION. 

Land  Marks—  ^^_ 

306  penalty  for  injuring  or  removinf,' -'i' 

Larceny— 

314  definition  of,  and  penalty • •^_.        ^i 

313                sill  thefts  of  personal  property  over  ten  dollars,  grand.  Acts  iHjtj,  p.  ol 
all  thefts  of  any  stock  value  of  one  dollar,  grand, Acts  1870,  j..  ol 

Libel—  .,„ 

215  indictable  and  penalty -J,  1! 

272  truth  of,  may  be  given  in  evidence -''J' 

Levees —  ,^_„^ 

penalty  for  injuring  or  breaking -''^•-' 

License — 
282  See  "  Retailing  Liquors." 

Limitations  of  Prosecutions —  ^^ 

294  two  years,  except  In  cases  named -''JO 

294  indictment  lost  or  destroyed,  time  given  to  supply -'oo 

Liquors — 
282  See  "Retailing  Liquors." 

Lotteries —  „,„. 

305  not  lawful  in  any  guise— penalty  for  breach -Wo 

320  drawing;  sellisg  or  exposing  tickets  for  sale iirf4-/M-> 

Marks  of  Stock—  . 

penalty  for  unlawfully  marking  or  altering l-M^-l-MJ 

317     "  penalty  for  wearing,  doing  unlawfully 2722-2729 

•  Mills— 
298  See  "Penal  Suits  Triable  by  Justice." 

Overseers  of  Roads —  _ 

236  failing  to  call  out  hands  on  special  occasions ^;wU 

237  failing  to  measure  and  post  his  road f;^>J 

237                failing  to  place  guide  boards  at  forks  of  road , _^;W-^ 

237               failing  to  replace  posts  destroyed -** 


Penal  Suits  Triable  by  Justice. 

299  Attokney— proceedings  against,  failing  to  pay  over  money 22u3 

238  Bridge— driving  over  faster  than  walk -3'8 

297  Constable— failing  to  execute  and  return  execution '^8l 

256                collecting  and  not  paying  on  demand ~^^ 

256                making  false  return  on  any  process ^^j 

298  Cotton  Seed— becoming  nuisance  at  public  gin _  19^^ 

316  Corn— selling  between  sundown  and  sunrise Acts  18<6,  p.  263 

297  Drover— or  other  person,  driving  cattle  from  range 300 

296  EsTRAY  Law— any  person  violating '^^'-' 

238  Ferries— rates  of,  fixed— penalty  for  extortion 2380 

OOO                             ..„t„„    */,   ^^r.   v>^ofr>,l v.onnlt^T    fni-  ll  pf  n  111  t ZoOS 


238  rates  to  be  posted— penalty  for  default 

239  boats  and  landings  to  be  safe— penalty ~^^ 

239  first  Some,  first  served— penalty ^^°3 

300  persons  forcing  themselves  into— penalty -^°-^ 

300  hindering  or  molesting  landing  of  boats -^^^^ 

299    Flour— selling  unwiiolesome 7,^,1], 

299  selling  barrels  of,  short  weight -~'^^ 

297  HawKERS— or  pedlars,  without  license \-i\\ 

298  refusing  to  show  license ^'_" 

300  Inspectors— receiving  unauthorized  lee — '*^ 


416  Index  to  Criminal  Law. 

PAGE.  SECTIOM. 

2-57     Jurisdiction — where  mortal  stroke  is  given    ii>  one   county   and 

death  occurs  in  another 2750 

279  Justice — failing  to  pay  over  money  or  fines 133U 

280  failing  to  make  return  of  fines  to  Auditor „.  1342 

192                failing  to  attend  in  unlawful  detainer  suit 1599 

Marriage  Certificate — failure  to  return  for  record 1701 

21b    Mills— lakmg  toll  at,  unlawfully 1939 

218                failure  to  grind  well  and  not  in  term 1941 

298                not  keeping  sealed  measures  at : 1942 

298                not  keeping  dam,  on  which  road  passes,  in  repair 1943 

237     Overseers  of  Roads — failing  to  measure  and  post  road 23G3 

230                failing  to  call  out  hands  on  special  occasions 2300 

237                failing  to  replace  posts  destroyed 2304 

237                failing  to  put  guide  boards  at  forks  of  road 2305 

298    Poor — relations  of,  to  maintain,  ordered  by  board  of  supervisors  1980 

240  Railroads — how  to  sell  freight  if  noownerfound 2427 

241  must  erect  bridges  and  keepcrossingin  repair 2428 

241  liable  for  damages  for  neglect 2429 

242  baggage  masters  injuring  trunks,  penalty 2911 

248  minors  and  others  jumping  on  cars  of.... Acts  of  1875,  pp.  78-79 

230    Roads — falling  tree  on,  or  obstructing  any  way 2361 

237  failing  to  trim  hedges  on,  ordered  by  overseer  of 2302 

238  keep  to  the  right  of,  penalty 2370 

323    Road  Hands — refusing  to  give  list  of,  subject 2351 

oOO                may  be  called  out  when  necessary 2353 

310    Seed  Cotton — selling  between  certain  hours Acts  1876,  p,  263 

294  Sheriffs — failing  to  return  execution 227 

295  failing  to  pay  money  collected  at  once 229 

296  failing  to  pay  surplus  to  debtor 230 

290                failing  to  deliver  to  successor  goods  unsold 232 

297  Supervisors — suits  by  and  against 1384 

appropriating  money  illegally 1380 

128  approving  insufficient  bond Acts  1870  p.  9 

289    Transient  Vendors — selling  without  bond  or  deposit 1744 

244    Trees — cutting  down  certain  kinds 2473-2480 

300    "Weights  and  Measures — selling  without  standard 2274 

Pedlers — 

298  See  "Hawkers  and  Pedlers." 
Poisons  and  Poisoning — 

definition  of,  and  punishment 2069-2671 

321                of  fish  unlawful,  and  penalty _  2870 

unlawful  to  sell  or  give  away : 2742-2745 

Poor— 

298                relations  of,  to  maintain,  when  ordered  bj- supervisors 1980 

Practice  or  Criminal  Procedure — 

259    Accused — has  right  of  counsel  and  to  cross-examine 2829 

259    Advertisements — penalty  for  pulling  down  legal 2830 

201    Attempt  to  Commit  Offences — how  punished 2887 

Bail — when,  how  and  by  whom  taken 2787-2792 

261     Bank  Notes— indictment  for  passing  illegal,   less  than  $5  00 2504 

207    Betting — on  horse  race  or  shooting  no  oifense  ._ 2009 

267                on  elections  or  games,  warrant  must  issue  to  seize  money  bet  2603 

261    Brands  of  Animals — where  doubt  as  to  owner 2510 

200    Compromise  of  Misdemeanors — how  done 2867 

Continuances— facts  may  be  admitted  by  either  in   application  2800 

210     Conviction— not  to  be  Droved  where  agreement  to  conceal 2510 


Index  to  Criniijial  Law.  ^1*^ 

PAGE.  SECTl^ON. 

260    Defectivk  Bond— valid  to  hold  prisoner - -"J" 

262    Duels— allintercsted  in,  inelligible  to  office -^^22 

262                i)arties  in  compelled  to  give  evidence,  itseftect '^"ij'^ 

262     Escaped  Trisoner — retaken,  though  term  expired '^'^^^^ 

257    Fines  not  Paid— justice  may  imprison ^•^^" 

260    Fines  Collected— paid  to  State  for  school  fund i -'^'*'-^ 

260  Forgery— what  offences  adjudged  to  be 2504-2;j7I 

261  Former  Acquital  or  Conviction— proved  bar  to  action i^8Hl 

Fugitive  Criminal— iustice  must  endorse  warrant  for  arrest  of...  2826 

266     GAMiNc—what  indictment  for  to  contain,  money  to   school   fund  2C08 

266  laws  on,  remedial,  not  penal "^I'W 

267  what  may  bci)roved  in  trial  for 7)!--\^, 

267                all  officers  must  enforce  laws  against -^J^" 

260  Insane  Criminal— reported  to  chancellor ^^'' 

257    Justices  of  the  Peace— proceedings  in  criminal  cases  before 1322 

257  jailor  must  receive  prisoner  on  command  of 1324 

258  "are  conservators  of  peace  in  all  cases '~ti^y\ 

258                may  take  bonds  and  recognizance -'--l 

258                shall  issue  warrants  for  all  offenders  and  commit '-o^f 

258                may  take  statement  of  accused .^il 

258  may  recogt:ize  witnesses  or  commit  them 'o^n 

259  may  issue  subpoena  to  any  county T^^a 

259  may  issue  warrant  returnable  to  county  of  offence ^e-^Iri 

258                may  issue  search  warrant,  how  property  disposed  of -8^4 

272    Jail  Guard— how  sheriff  gets,  and  their  pay • "-^^^ 

262  Kidnapping— when  tried,  consent,  no  defense,  exception 2650-2651 

Larceny— taking  produce  from  soil  and  carrying  away  is 26t)5 

272    Libel — truth  of  may  be  given  in  evidence -'07 

261  Male  Gender— includes  both  and  singular  and  plural 2880 

271  Masking— made  unlawful,  exceptions -''-^l 

269    Manslaughter — what  shall  constitute 2633-2645 

268  MuRDER-'what  shall  constitute 2628-2629 

269  when  killing  shall  be  justifiable  and  excusable 2631-2632 

272  Notes  and  Securities — void  to  companies  unauthorized  by   lav.-  2500 
261    Offenders— all  officers  must  inform  against  and  prosecute 2888 

260  Peace  Bond — when  it  may  be  required 'looi 

260  Penalties— when  none  prescribed,  how  punished -8G3 

2(j6    Perjury — perjurer  can  be  arrested  in  open  court 2fj63 

268                in  such  cases,  Avitnesses  recognized __  20|^^ 

268  what  indictment  lor,  to  contain l-bbr-JbOCi 

261  Prisoners— no  discharge  of,  save  acquitted  on  merits -882 

271    Rafting — to  engage  in,  how  permission  procured 'Iw-U 

271  justice  must  enforce  law  of.  proceedings  therein 2<j87 

272  Retailing  Lkjuors— what  indiotraent  for  to  contain 2698 

268    Robbery— what  shall  constitute 267^.-2675 

271     SABBATH-violations  of,  where  otiense  cognizable 2682 

258    Learcii  Warrant— justice  shall  issue— how  effects  disposed  of....  ?824 

258    Statement  of  Ac(;used— must  be  received  and  written  out 2825 

258  testimony  to  be  written  and  papers  sent  up -825 

Treason — what  evidence  necessary  to  convict 2689 

259  Vagrants— gamblers  are  and  shall  be  so  punished 2831 

259                who  adjudged  and  punished  as "-S30 

27 


418  Index  to  Crijiiiiial  Law. 

FACE.  SECTION. 

Vaoraxts— 

259  justice  shall  cause  to  be  arresteO— proceedings ^^' 

260  proceedings  on  the  re-arrest  of 2838 

5J60               in  all  cases,  committed  till  costs  are  paid ^"^-^ 

259    Warrants— all    offenses  cognizable    by,     under   hand    of    jus- 

tiop                        -    ...  2829 

239  are  the  indictments  in  justice  courts ^"■'^ 

Process  Against  Corporations — 

277                how  issued  and  served 2/69 

277  if  corporation  not  found,  publication  made fT_}}^ 

278  this  law  operative  in  justices'  courts 2/71 

278                refusing  to  pay  fines,  shall  collect  no  toll 2772 

Profane  Swearing — 

307               in  public  places— penalty 2833 

Racing  on  Streets  or  Highways— 

321                unlawful  and  penalty ^°^^ 

Rafling—  ^^^ 

305                unlawful  and  penalty ^^'^ 

Rafting —  ,,.q^ 

245                penalty  for,  from  state,  school  and  trust  lands -^^o" 

Railroads — 

240  how  they  can  sell  freight— no  owner. ..._ 2427 

241  must  erect  bridges  and  keep  crossings  in  order ^42o 

241  liable  for  damages  for  neglect 2429 

242  baggage  master  injuring  trunks — penalty •_;:.••  -£nn 

243  minors  or  others  jumping  on  cars Acts  187-3,  pp.  /8-79 

Recognizances—  j^. 

how,  when  and  by  whom  taken -'°'  ^'^^ 

Religious  AVorsiiip —  - 

disturbance  of,  misdemeanor — penalty -'-^^ 

Retailing  Liquors — 

or  giving  away,  unlawful  on  election  day  3?! 

282                not  to  retail  without  license — exception -^5b 

282                license  and  price  by  incorporated  towns 24o/ 

282  how  fund  disposed  of 24o7 

283  petition  for;  contents;  by  whom  signed T^n 

283                bond;  and  license  paid  for ^*^!j' 

283  not  transferable  ;  limit;  place  and  how  changed 24bl 

284  revocation  of  license,  when  made 24b- 

284                affidavit  of  druggists  and  physicians  required 24b-3 

284                debts  due  for  liquor  retailed,  not  recoverable 24b4 

284                no  license,  when  special  act  prohibits  sale 246o 

284                license  list  furnished  grand  jury,  prima  facie  evidence 24bb 

284                all  officers  required  to  enforce  this  law ^^67 

284  suits  on  license  bonds,  by  whom  brought |-|og 

285  penalty  on  officer  not  paying  license  money • 246J 

285                merchants  and  others  giving  away  liquor,  liable  for  license..  24^0 

285  penalty  for  selling  or  keeping  open  bar  on  Sunday 2691-24/1 

285                penalty  for  selling  without  license 26J0 

280               for  selling  in  any  other  place  than  in  license 26J0 

—                                                   .       -   -                        ,            , .  .                     ^  ^  ^  ^  2690 

2692 


286  on  druggists  antl  physicians,  except  for  medicines 2690 

236  penalty  for  selling  to  minor,  with  or  without  license 

286  penalty  on  candidates  for  treating  for  votes 2693 


286  penalty  on  house  owner  permitting  illegal  retailing ,._  ^  _  2694 

286  penalty  for  bringing  in,  or  selling  in  prisons 2695-^696 

286  penalty  for  selling  adulterated  liquors 269/ 

287  for  selling  near  church  during  service 28o4 

287  penalty  on  officers  neglecting  to  enfoi-ce  g  2834 n-    n") 

287  see  new  law  and  amendments  Acts  1873,  pp.  9'-102 

291  majority  of  voters  petitioning  against,  no  license Acts  1874,  p.  58 

291  no 'license  less  than  J?200,  nor 'longer  than  12  months.  Acts  1875,  pp.55-56 


Index  to  Criminal  Law.  ^Vd 

PAGE.  •  SECTION. 

Roads — 

:500  refusing'  to  furnish  list  of  hands  on 2361 

236  felling  tree  on,  or  any  obstruction  to 2361 

237  failing  lo  trim  hedges,  on  notice  by  overseer 236^ 

238  must  keep  to  tlio  right  on— penalty 2370 

Sabbath — 

30G  violation  of  and  iienalty 2679-2663 

School  House — 
221  unlawful  to  injure  or  deface — penalty 2746 

Sheriffs — 

294  cr  coroner,  failing  to  return  execution 227 

295  collecting  money  on  execution  and  not  payino'  over 2ii9 

296  failing  to  pay  surplus  to  debtor- * 230 

296  failing  to  deliver  to  successor  goods  unsold 232 

Supervisors — 

president  of,  or  clerk,  approving  insufficient  bond Acts  1876,  p.  9 

297  suits  by  and  against 1384 

appropriating  money  illegally 1386 

Timber — 

penalty  for  cutting  down  certain  trees 2473-2480 

Transient  Vendors — 

selling  without  bond  or  deposit 1744 

Trees — 

penalty  for  cutting  certain  down 2473-2480 

Trials — 

if  prisoner  neglects  or  refuses,  plea  "  not  guilty  "  entered....  2757 

if  prisoner  in  default,  trial  proceeds 2807 

how  presence  of  prisoner  waived 2807 

Unwholesome  Provisions — 
315  penalty  for  selling 2703-2704 

Vagrants — 

259  who  are  such  and  their  punishment 2836-2837 

259  gamblers  are,  and  to  be  punished  as 2831 

Witnesses — 

273               allowed-attendance  only  in  one  case 771 

273  prosecution  not  paid  as 771 

274  witness  in  gaming,  exempt  from  prosecution 2613 

274               penalty  for  default  of,  in  criminal  cases 2849 

See    "  Evidence."' 


INDEX  TO  LAW— AS  A  COURT  OP  INQUIRY 


(The  pages  under  (his  head  refer   to  Revised  Code  o/ 1871.) 

.'i.50    Abdiction— of  female  over  14  years— penalty 2483 

558  of  female,  for  any  purpose,  under  14 2529 


420  Index  to  Criminal  Law. 

PAGE.  «^^"0;^; 

550    Accessories— of  felony,  guilty  as  priucipals 2484 

550  punished,  whether  principal  convicted  or  not .    2485 

580    Adulterated  Liquors— penalty  for  selling 2697 

551  Altering  Records— falsely,  by  officers 2489 

551  Arson— offense  and  grades  of  punishment 2490-249G 

552  Assault— with  intent  to  kill 2497 

502    Attempt  to  Rob  Grave— crime  and  penalty 2/17 

Auditor— fraud  in  issuing  or  paying  bonds,  etc Acts  1874,  p.^13 

554  Bigamy— offense  and  punishment 2o05 

555  Brands  and  Marks— of  stock,  unlawful  making  or  altering 2508-2509 

555  Bribery— offense  and  punishment  generally 2511-2514 

556  for  conpealing  felony ;..... • ''^'^^^"S 

557  by  registrar  enrolling  or  rejecting  voter loAU    ■ 

557  Burgiary— offense  and  grades  of  punishment,. ...Acts  1876,  p.  28,  2521-2527 

5.58  Child— exposure  and  abandonment  of,  under  6  years 2528 

.590  Crime  Against  Nature— offense  and  penalty 2701 

Counterfeiting— see  "Forgery." 

583    Cutting  and  Rafting— on  trust,  school  or  State  lands 2684 

5G0    Election  Officers— false  entries"  and  frauds  by 2538 

561  doing  that  by  which  votes  are  lost  or  election  made  void 2543 

366  562,  563    Embezzement— offense  and  punishment 1743,  2547-2550 

563    Escape  of  Prisoners— carrying  tools  of  escape  in  jail 2551 

553  forcible  rescue  of  prisoner 2-.w2 

565  penalty  on  escaped  prisoner j^oJ 

565  attempt  to  escape  by  violence ^^o^i 

595  permitting  escape  from  penitentiary -iOo-j 

565  506    False  Pretenses  and  Cheats— offense  and  penalty 2564-2570 

262*   Forgery— what  constitutes  and  penalty 2571-2588 

574    Gaming  with  Minors— or  permitting  them  to  game 2607 

550,  579    Incest— crime  and  penalty 2487,  2647-2648 

580    Kidnapping— offense  and  punishment 2649 

580  Larceny— what  constitutes  grand  and  penalty  (Acts  1876,  p.  51....  2652 

581  of,  or  destroying  papers  of  court 2656 

590  Levees— breaking  or  injuring 270o 

591  IMayhem- crime  and  punishment 2710 

578    Manslaughter— what  constitutes  and  penalty 2633-2646 

593  Masked  Persons— entering  or  demanding  entrance  to  house Itl-j 

594  assaulting  or  beating  another 2/24 

577    Murder— what  constitutes  and  penalty • .2628-2630 

iury  decides  penalty Acts  18/o,  \>.i\^ 

559  'killing  in  duelmurder 2ooL 

582  Perjury— crime  and  penalty 2660-2668 

:>'■<■)    Poisoning- crime  and  penalty 2069-26/1 

592  Purchasing  Dead  Bodies— same  being  disinterred  for  sale 2716 

.586  Rafting— on  trust,  school  or  state  lands ^    2684 

584  Rape— crime  and  penalty 26/2-2673 

57G  Railroads— injury  to  or  throwing  cars  from  track 2627 

581  Receiving  Stolen  Goods— or  buying  same 2657 

562  Registrar— refusing  or  neglecting  to  register  legal  voters ^    2546 

584  Robbery— crime  and  penalty 26/4-2678 

592  Robbing  Graves— crime  and  penalty 2^1o 

559  Seduction— of  female  under  16  years 2o30 


Index  to  Appendix.  421 

TAGK.  SrCTION. 

587    Trkason— Clime  and  penalty -^*^ 

590    Unwiiolesomk  Provisions— selling  same '-^"O^i 

81      Warrants— collector  speculatinj^  in  or  witli •^>-' 


INDEX   TO    APPENDIX. 


PAGE. 

Acre  of  Ground—  ^„ 

how  to  lay  off l^i'J 

number  of  trees  or  plants  sufficient  for "''* 

Bonds —  o-n 

of  public  officers •-"^'J 

€ongrksstonai.  DrsTuicTs—  ^. 

how  constituted '-''-' 

Counties  and  County  Sites— 

alphabetical  list  of "^^'^ 

■Courts—  ^.. 

Supreme  Court  of  Mississippi \^^^ 

Federal "ir.qVo 

Circuit  and  Chancery '-•"*"  *-'" 

Distances —  „_.-, 

how  estimated  in  various  countries ^'*> 

Fees  and  Salaries 332-342 

Interest —  „_, 

how  to  calculate "'^ 

Legal  Terms—  o-r^  qoi 

Dictionary  of o(b-db4 

Legislature —  „-.^ 

apportionment  for  House ^;::?- 

apportionment  for  Senate '^^^ 

Mississippi  PavEu—  „-,, 

distances  from  Vick>-"f)urg "^'*^ 


Postage — 


on  domestic  nuxil  matter 


referees. 

tax  collectors. 

tax  assessors.. 


374 


Post  Offices  in  Mississippi — 

alphabetical  list  of 3o8-o04 

Railroads— 

showing  stations  anddistaiice odo-o<u 

Representatives —  ^.,^ 

total  number  in  Legislature ; ^^- 

.Salaries  and  Fees  of  Public  Officers—  ^_^_^ 

of  State  officers  and  judges ;,'^-j 

members  and  officers  of  Legislature ^^- 

clerks  of  Supreme,  Chancery  and  Circuit  Courts oo-'oqA 

surveyor?,  sherifTs,  coroners ooq 

justices  of  the  peace '^^ 

notaries  public ,^. 

constables \,.^ 

commissioners  and  masters  in  chancery ^q" 

witnesses  and  jury ;^^| 

printers  and  jiublishers ^J: 

officers  takiu<(  depositions f^J 


241 
33;  t 
342 


^422  Index  to  Appendix. 

PAGE. 

Senatorial  Di8tkicts — 

bow  constituted '. 353 

Taxation — 

State  tax,  for  general  purposes 326 

special  2  mill  bond  tax 326 

poll  tax 326 

personal  property  taxable | 326 

tax  onpriviliges 327-331 

Vote  of  Mississippi — 

for  1873,  1875,  1876 354-357 

Weights  and  Measures— 

of  grain,  meats,  liqui'ds,  etc 372 


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